2023 (2) KCCR SN 164 (SC)
SUPREME COURT OF INDIA
(Civil Appellate Jurisdiction)
(From the High Court of Madhya Pradesh)
Gas Point Petroleum India Limited
Versus
Rajendra Marothi and Others
Civil Appeal No. 619 of 2023, decided on 10.02.2023 CIVIL PROCEDURE CODE, 1908-Order 21, Rules 64, 84, 85 and 86-Execution proceedings-Decree passed in civil suit-Property of judgment debtor auctioned and sold on 03.11.2011 in favour of respondent No.1 for recovery of amount-Appellant filed objection before the Executing Court, contending, inter-alia, that the property was purchased by him from judgment debtor on 31.08.1999 and they were in possession of the same-Executing Court overruled the objections-Lower Appellate Court allowed appeal and remitted the matter back to the Executing Court-Writ petition-High Court set aside the order of lower Appellate Court observing that appellant failed to plead and establish the nature of irregularity or fraud committed in sale and therefore, no fault could be found in the order of the Executing Court.