U. SOWRI REDDY (DEAD) BY LRS. versus B. SUSEELAMMA AND ORS.

U. SOWRI REDDY (DEAD) BY LRS. versus B. SUSEELAMMA AND ORS.

The High Court order was set aside as it ignored the fact that Rs. 18,000/- was deposited pursuant to the executing court's direction and failed to consider previous relevant orders. The High Court was not justified in interfering under Section 115 CPC.

Source-derived case information.

Parties
Appellant: U. Sowri Reddy (Dead) By LRS.; Respondent: B. Suseelamma and Ors.
Jurisdiction
India
Judgment Date
04 April 2011
Procedural Posture
Civil Appeal / Appeal Against High Court Order in Civil Revision Petition No. 5939 of 2001
Outcome
Appeal allowed, impugned order of High Court set aside.
Legal Topics
Order 21 Rule 90 CPC, Section 115 CPC, Execution of Decree, Setting Aside Court Sale
Civil Procedure Order 21 Rule 90 CPC Section 115 CPC Execution of Decree Setting Aside Court Sale

Source-derived case record

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Parties

U. Sowri Reddy (Dead) By LRS.

Appellant

B. Suseelamma and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order in Civil Revision Petition No. 5939 of 2001

Legal Issues

  1. 1 Whether the High Court was justified in interfering under Section 115 CPC after the appellant deposited Rs.18,000/- as directed by the executing court
  2. 2 Whether the impugned High Court order ignored material facts and previous orders regarding execution proceedings

Ratio Decidendi

The High Court order was set aside as it ignored the fact that Rs. 18,000/- was deposited pursuant to the executing court's direction and failed to consider previous relevant orders. The High Court was not justified in interfering under Section 115 CPC.

Court Disposition

Appeal allowed, impugned order of High Court set aside.

Orders

  • Impugned order of High Court set aside.