M.L. MUBARAK BASHA AND OTHERS versus MUNI NAIDU

M.L. MUBARAK BASHA AND OTHERS versus MUNI NAIDU

There is no infraction of the mandatory language contained in Order XXI, Rule 66 CPC, as the Commissioner fixed the upset price not on his own but upon the direction of the Court itself.

Parties
Appellant: M.L.M. Basha; Respondent: Muni Naidu
Jurisdiction
India
Judgment Date
06 January 1997
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Execution of Decree, Auction Sale, Commissioner's Powers
Civil Procedure Execution of Decree Auction Sale Commissioner's Powers

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Parties

M.L.M. Basha

Appellant

Muni Naidu

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Commissioner has power to fix the upset price in conducting a court-ordered auction sale under Order XXI Rule 66 CPC

Ratio Decidendi

There is no infraction of the mandatory language contained in Order XXI, Rule 66 CPC, as the Commissioner fixed the upset price not on his own but upon the direction of the Court itself.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. No costs.