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The High Court set aside a court-ordered auction sale of the appellant’s land, finding material irregularities in execution, including lack of valuation and sale below market value.
The trial magistrate erred by failing to determine the preliminary objection before addressing the merits, lacked jurisdiction to vacate the eviction order after issuing it, and wrongly allowed the respondent to remain in the property despite the attachment and sale orders remaining intact. The proper remedy for the respondent is to file a separate suit to establish ownership.
Source excerpt
The High Court upheld dismissal of an application over sale of attached property, holding the wrong citation of enabling provisions was fatal and the appeal lacked merit.
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