Auction sale in execution of consent decree – High Court hold auction purchaser cannot be said to be the bona fide purchaser as he was related to the judgment creditor and that he was a partner of the firm in whose favour the mortgage was executed – However, application for setting aside was not filed on above ground it was submitted on the ground that no proper publication was made to get the adequate market value -- Therefore, the High Court has gone beyond the case of the judgment debtors – Even on merit High Court is not correct in observing that the auction purchaser was not a bona fide purchaser -- Partnership firm was already dissolved much before and thereafter the plaintiff inherited the assets, claims and liabilities of the firm.

(SC) Decided on: 12.02.2021