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Veera Reddi Vs. Ramalinga Mudeley and ors. - Court Judgment

LegalCrystal Citation
Decided On
Reported in4Ind.Cas.42
AppellantVeera Reddi
RespondentRamalinga Mudeley and ors.
Cases ReferredFollowing Appa Rao v. Krishna Ayyangar
civil procedure code (act xiv of 1882), section 235 - transfer of property act (iv of 1882), section 89--mortgage-decree--execution--application for sale--no prior application for an order absolute--court of application--limitation. - .....of the district judge and restore that of the district munsif with costs in this and the lower appellate.....

1. Following Appa Rao v. Krishna Ayyangar 25 M. 537 we hold that the application for sale should be taken to be an application for an order absolute for sale. It is not, therefore, correct to say that all the prior proceedings in the case were null and void. We also think that the application of 1903 was granted. Notice was given to defendants Nos. 1, 2 and 3 and sale was ordered and took place. But on application under Section 311, Civil Procedure Code, the sale was set aside at the instance of another defendant to whom notice had not been given. This, however, did not annul the order for sale and things were merely put back to the position in which they were when order for sale had been granted. We, therefore, set aside the order of the District Judge and restore that of the District Munsif with costs in this and the lower appellate Court.

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