Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2014

Supreme Court of India · 2014-10-13

Guttikonda Venkataramaiah vs Godvarthy Venkateswarlu & Anr

Citation / case number
AIR 2015 SC (SUPP) 1682
Court
Supreme Court of India
Petitioner
Guttikonda Venkataramaiah
Respondent
Godvarthy Venkateswarlu & Anr
Author
Anil R. Dave
Bench
Uday Umesh Lalit, Anil R. Dave

Judgment text excerpt

The Supreme Court held that the High Court's decision to set aside the auction sale under Order XXI of the CPC was improper as it disregarded the auction purchaser's rights. The Court emphasized that the execution proceedings must adhere to the prescribed rules, specifically Rules 64 and 66 of Order XXI CPC, and that the auction purchaser is entitled to protection of their interests. The Court ultimately allowed the appeal, reinstating the auction sale and directing the refund of the auction amount to the appellant.

Guttikonda Venkataramaiah vs Godvarthy Venkateswarlu & Anr · Niyam