PUNAYYA, J. - (1.) The 2nd respondent herein obtained a decree in OS No. 114/69 for a sum of Rs. 2,000/- and odd and filed Execution Petition No. 322/1972 against the judgment-debtor 1st respondent herein. The property consisting of a house site belonging to the judgment-debtor was told in auction held on 29-8-1970. The petitioner, herein purchased the same for a sum of Rs. 35,300/- and he deposited the said amount in the Court. Subsequently, i.e., on 24-9-73 that 1st respondent herein (judgment-debtor) deposited a sum of Rs. 5,832/- towards the sale warrant amount plus poundage plus 5 percent commission in full satisfaction of the claim of the Decree-holder and filed E.A. No 512/73 on 28-9-1973 under order 21, Rule 89 C.P.C. for setting aside the sale.
(2.) The decree-holder opposed the said application taking several objection. The auction-purchaser also opposed the said applications with objection similar to those taken by the decree-holder.
(3.) The learned District Munsif rejected all the objections raised by the decree-holder as well as the auction-purchaser and allowed E.A. No. 512/73 setting aside the sale held on 28-9-1973. Aggrieved with the order passed in E.A. No. 512/73, the auction-purchaser preferred an appeal A.S. No. 199/74 in the District Court, Visakhapatnam.;