sale of mortgaged property in execution, the provisions of Order 21, Rule 83(1)(2) do not apply to such sale.

Andhra High Court

Iyluri Laxmi Subramanyam vs Batchu Viswanadham on 24 July, 1986

Equivalent citations: AIR 1988 AP 27

Iyluri Laxmi Subramanyam v. Batchu Viswanadham (supra)

 High Court of Andhra Pradesh has held that "it is not in dispute that the decree in execution is one made for sale of immovable property under Order 34, Rule 4 of the Code. Operation of Order 21 Rule 83(1) comes into play when the property of the judgment debtor is attached in execution for sale. But Sub-rule (3) of Rule 83 of Order 21 expressly provides that for the sale of mortgaged property in execution, the provisions of Order 21, Rule 83(1)(2) do not apply to such sale.