Guttikonda Venkataramariah vs. Godavarthy Venkateswarlu & Anr. (SC)

Code of Civil Procedure, 1908–Order 21, Rule 1 & Sec. 115 and Order 21, Rule 90–Execution of ex-parte decree–Auction sale–Execution Court gave the possession of land to appellant-auction purchaser–High Court set aside the sell and directed to take appropriate auction for sell of property in accordance with the provisions of Order 21, Rules 64 & 66–Justification–Judgment debtor never made any sincere effort to get the decree set aside–He did not file any objection when the sale proclamation was issued–Remedy under Order 21 was available at that stage–Now he is attempting to avoid making the payment to the decree holder–Impugned judgment of High Court deserves to be quashed and set aside.