AMBATI NARASAYYA versus M. SUBBA RAO & ANR.

AMBATI NARASAYYA versus M. SUBBA RAO & ANR.

The sale of the entire 10 acres was illegal and without jurisdiction as the executing court failed to consider whether a smaller portion would suffice to satisfy the decree, which is a mandate under Order XXI Rule 64 CPC.

Parties
Appellant: Ambati Narasayya; Respondent: M. Subba Rao; Respondent: Auction purchaser (unnamed)
Jurisdiction
India
Judgment Date
06 October 1989
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh High Court in C.r.p. No. 3750 of 1984
Outcome
Appeal allowed
Legal Topics
Execution Proceedings, Court Sales, Order XXI Rule 64 CPC
Civil Procedure Execution Proceedings Court Sales Order XXI Rule 64 CPC

Case Brief

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Parties

Ambati Narasayya

Appellant

M. Subba Rao

Respondent

Auction purchaser (unnamed)

Respondent

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh High Court in C.r.p. No. 3750 of 1984

Legal Issues

  1. 1 Whether the sale of the entire 10 acres of land by the executing court without considering if a portion could be sold to satisfy the decree was valid under Order XXI Rule 64 CPC

Ratio Decidendi

The sale of the entire 10 acres was illegal and without jurisdiction as the executing court failed to consider whether a smaller portion would suffice to satisfy the decree, which is a mandate under Order XXI Rule 64 CPC.

Court Disposition

Appeal allowed

Orders

  • Impugned sale set aside
  • Executing Court directed to put appellant in possession of the land