U. NILAN vs KANNAYYAN (DEAD) THROUGH LRS.

The Supreme Court addressed the procedural intricacies surrounding the execution of a mortgage decree under Order 21 Rule 90 and Section 47 CPC. The Court held that the dismissal of an application for setting aside a sale due to default does not preclude the aggrieved party from seeking restoration or challenging the confirmation of sale. The Court emphasized the importance of ensuring fair opportunity for parties to contest execution proceedings, ultimately allowing the respondent's appeal against the dismissal of his application for restoration.