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.