Supreme Court · 1989 INSC 309 · Decided 6 October 1989
Ambati Narasayya v. M. Subba Rao & ANR.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 309 · [1989] SUPP. 1 S.C.R. 451
- Case number
- CIVIL APPEAL No. 4195/1989
- Decided
- 6 October 1989
- Bench
- K. JAGANNATHA SHETTY, A.M. AHMADI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, 1908: Order XXI Rule 64-Execution proceedings-Ordering entire property to be sold-Only such portion of property to be put to sale consideration of which is sufficient to meet the execution claim. Rule 64, Order XXI CPC empowers the Court executing a decree to bring to The appellant's land measur­ ing IO acres was brought to court sale in execution of a decree. The respondent purchasecfthe land for Rs.17,000. The sale was snbject to a prior mortgage for Rs.2,000. The appellant's application under Order XXI, Rule 90 for setting aside the sale was
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