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Auction sale–
The impugned judgment and order affirming the order of the executing Court
and the Appellate Court is set aside. The application filed by the
judgment-debtor, the predecessor-in-interest of the appellants under Order
XXI, rule 90 of the Code is allowed and the auction sale is set aside.
Since the auction purchaser, respondent No.2 has been in possession of the
auction sold property initially as a fvovwUqv and then as the so-called
auction purchaser and as submitted by Mr Alam, respondent No.2 has not paid
any rent for all these period, he needs not be paid any compensation or any
solatium over the auction money deposited by him in Court. However, he is
entitled to get back the money deposited by him as the auction purchaser.
We direct the executing Court to hold fresh auction of the mortgaged
property in due compliance with the provisions of law. …Sardar Md Abdur
Rahman =VS= Janata Bank Dhaka, (Civil), 2019 (2) [7 LM (AD) 318] ....View Full Judgment
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