property in question was put up on auction sale, the upset
price wherefor was fixed at Rs.20,000/- by an order dated 19.03.1979.
However ... sale
was held. The abstract principle that there is no warranty
at court sales fails to yield a just result in this case.
The auction
Notified parties questioned the validity and/or legality of the said
auction sales. They ultimately came to this Court. Whereas auction sales in
respect ... first sale and the price fetched at the
resale. The sale proclamation containing the conditions
of sale has not been produced. Assuming that the
different
auction purchaser.
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13. It is now a well settled principle of law that the Courts while setting aside an
auction sale, must arrive ... auction purchaser is not
liable to be set aside as no fraud or irregularity has been committed in the matter of
conduct of auction sale
total area of 57.12 acres of land was
put on auction sale on or about 7.6.1988 wherein the petitioner became the
highest bidder upon offering ... therefor. The said
auction sale had been confirmed by the Executing Court on 7.7.1988 pursuant
whereto, the appellant deposited the amount. The brother
however filed
an application for putting the said suit property on auction sale and for equal
distribution of the proceeds thereof amongst the co-sharers ... been delivered to
the auction purchaser.
The suit property is a residential house. The auction sale was wholly
illegal. The auction purchaser can otherwise
purchase value of the Granite Blocks
purchased by you in the auction sale conducted by
the KSFIC Ltd. during the Month of March ... lift the granite blocks purchased by
you in Tender-cum-Auction-Sale held during the
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month of March-1995 within 30th June
aside, the interest of the bona
fide purchaser in an auction sale is saved. [See Zain-ul-Abdin Khan v.
Muhammad Asghar Ali Khan ... this Court
confirmed a sale in favour of the Appellant therein who was a stranger to the
suit being the auction purchaser of the judgment
Main Road, Vijaynagar, Bangalore was issued on 21.10.1988 whereupon the
auction sale was held. In the said auction sale Smt. Mahadevi S.
Havannavar became ... amount had been
deposited, the sale was confirmed and the sale certificate was directed to be
issued to the auction purchaser. Sale certificate
shall proceed to
pass appropriate orders as regard confirmation of
the auction sales in respect of commercial
properties."
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As regards this direction ... terms of this order shall
also consider as to whether the auction sale should
be confirmed or not. It will also be open
widely
circulated. The cost of auction as also advertisement
shall be payable out of the auction sale proceeds.
The auction be conducted within a period ... relation thereto there may be another auction
purchaser and so long as such auction sale in
relation thereto is not confirmed and the plant
