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december 2003

Supreme Court of India · 2003-12-08

Challamane Huchha Gowda vs M.R. Tirumala And Anr

Citation / case number
AIRONLINE 2003 SC 548
Court
Supreme Court of India
Petitioner
Challamane Huchha Gowda
Respondent
M.R. Tirumala And Anr
Bench
S. Rajendra Babu, Ruma Pal

Judgment text excerpt

The Supreme Court held that under Order 21, Rule 89 of the CPC, a judgment debtor can apply to set aside a sale of immovable property by depositing the requisite amounts. The Court found that the executing Court's decision to set aside the sale was correct, as the judgment debtor had paid the entire decretal amount before the sale was confirmed. The High Court's dismissal of the revision petition was overturned, affirming the executing Court's order to close the execution proceedings.

Challamane Huchha Gowda vs M.R. Tirumala And Anr · Niyam