APAR Act 23AChapter 4 · Procedure and Miscellaneous

Section 23A · Power of Court to set aside sales of immovable property in certain cases

- Where in execution of any decree, any immovable property, in which any person entitled to the benefits of the Andhra Pradesh (Andhra Area) Agriculturists Relief (Amendment) Act, 1948, had an interest, has been sold or foreclosed on or after the 30th September 1947, and the sale has not been confirmed before the commencement of the said Act, or ninety days have not elapsed from the confirmation of the sale or from the foreclosure, at such commencement, then notwithstanding anything contained in the Indian Limitation Act, 1903, or in the Code of Civil Procedure, 1908, and notwithstanding that the sale has been confirmed, any judgment debtor claiming to be entitled to the benefits of the said Act, may apply to the Court within ninety days of such commencement or of the confirmation of sale which ever is later to set aside the sale or foreclosure of the property, and the Court shall, if satisfied that the applicant is a person entitled to the benefits of the said Act, order the sale or foreclosure to be set aside, and thereupon the sale or foreclosure shall be deemed not to have taken place at all:Provided that no such order shall be made without notice to the decree holder, the auction purchaser, and other persons interested in such sale or foreclosure and without affording them an opportunity to be heard in the matter.

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