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.