Supreme Court · 1996 INSC 396 · Decided 15 March 1996
Seethammal v. Senthil Finance and ANR.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 396 · [1996] 3 S.C.R. 498
- Case number
- CIVIL APPEAL No. 5092/1996
- Decided
- 15 March 1996
- Bench
- K. RAMASWAMY, G.T. NANAVATI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 21
Headnote
Code of Civil Procedure, 1908: Order 21-fl.ule 97. Decree--Executio11 of-Auctio11 sale for-Clzallenge to validity ofauc- C tion sale by judgment debto,-..Ilejection of by Executio11 Court-Confirmation by High Court-Appeaf'-f'roperty for Rs. 40,000 mortgaged with respon­ de11t-Property subject to discharge of mortgage sum-Nobody comi11g forward to purchase the property-Respon­ dent-mortgagee himself purchasing for Rs. 15, !()()-Sale conducted by Execut- D ing Court held illegal-Entire decretal amount deposited by Judgment Debtor already withdrawn by decree
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