N. KRISHNAIH SETTY vs GOPALAKRISHNA & ORS.

The Supreme Court held that the sale of properties in execution of a decree was void ab initio under Section 14(1) of the Mysore Agriculturists Relief Act, 1928, as the attachment before judgment was invalid. The Court ruled that the respondents, born after the sale, had the right to challenge the sale, which conferred no title to the auction purchaser. The suit was not barred by res judicata since the respondents were not parties to earlier suits and those suits were not decided by a competent court. The appeal was dismissed, affirming the High Court's restoration of the trial court's decree.