Supreme Court of India · 2000-02-18
Kadiyala Rama Rao vs Gutala Kahna Rao (Dead) By Lrs & Ors
- Citation / case number
- AIRONLINE 2000 SC 281
- Court
- Supreme Court of India
- Petitioner
- Kadiyala Rama Rao
- Respondent
- Gutala Kahna Rao (Dead) By Lrs & Ors
- Author
- U.C.Banerjee
- Bench
- U.C.Banerjee
Judgment text excerpt
The Supreme Court addressed the validity of a court sale of immovable property under Order 21 Rule 90 of the Code of Civil Procedure, emphasizing that an application to set aside a sale must demonstrate substantial injury due to material irregularity or fraud. The Court held that the High Court's decision to allow the revision petition was justified as the respondents had complied with the necessary deposit requirements, thus affirming the need for adherence to procedural safeguards in auction sales. The appeal was dismissed, upholding the High Court's ruling.