An opportunity might be given to the judgment-debtor, - to negotiate for a private sale of the property to satisfy the mortgage debtat any time on or before the actual date of sale.

Citation

CDJ 1965 MHC 229

S.K.M.Mohammed Mustafa maracayar vs udainachi Ammal

Comparative Citation

AIR 1966 mad 348

1966(1) MLJ 373

1966(79) LW 187

in accordance with Order 21 rule 83, C.P.C., the judgment-debtor desires to have an opportunity to negotiate for a private sale of the property to satisfy the mortgage debt, before the sale is finally held and rights are created in a third party purchaser, or the decreeholder succeeds in being the highest bidder. I direct that, in view of the facts of this case, such an opportunity might be given to the judgment-debtor, at any time on or before the actual date of sale. If the judgment-debtor produces such an intending purchaser who is willing to deposit the amount of the debt due to the mortgagee, an opportunity should be given for making the deposit, and the sale should he held only if this attempt fails. This revision is accordingly dismissed. The parties will bear their own costs.