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february 2000

Supreme Court of India · 2000-02-18

KADIYALA RAMARAO vs GUTALA KARNA RAO(DEAD)BY LRS..

Citation / case number
SC 1981/63316
Court
Supreme Court of India
Petitioner
KADIYALA RAMARAO
Respondent
GUTALA KARNA RAO(DEAD)BY LRS..
Author
U.C.BANERJEE S.B.MAJUMDAR
Bench
U.C.BANERJEE S.B.MAJUMDAR

Judgment text excerpt

The Supreme Court addressed the validity of a court sale of immovable property under Section 115 of the Code of Civil Procedure, emphasizing that a revisional application is maintainable against non-appealable orders from subordinate courts. The Court upheld the High Court's decision to set aside the auction sale, citing Order 21 Rule 90, which allows for setting aside sales on grounds of material irregularity or fraud, provided substantial injury is demonstrated. The appeal was dismissed, affirming the High Court's ruling.

KADIYALA RAMARAO vs GUTALA KARNA RAO(DEAD)BY LRS.. · Niyam