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Grand Farms, Inc., Et Al. Vs. Court Of Appeals, Et Al.

GRAND FARMS, INC. and PHILIPPINE SHARES CORPORATION, petitioners, vs. COURT OF APPEALS, JUDGE ADRIAN R. OSORIO, as Presiding Judge of the Regional Trial Court, Branch 171, Valenzuela Metro Manila; ESPERANZA ECHIVERRI, as Clerk of Court & Ex-Officio Sheriff of the Regional Trial Court of Valenzuela, Metro Manila; SERGIO CABRERA, as Deputy Sheriff-in-Charge; and BANCO FILIPINO SAVINGS AND MORTGAGE BANK, respondents. Balgos & Perez for petitioners. Sycip, Salazar, Hernandez & Gatmaitan for private respondent.

G.R. No. 91779 | 1991-02-07

D E C I S I O N


REGALADO, J.:

The propriety of a summary judgment is raised in issue in the instant petition, with herein petitioners appealing the decision 1 of respondent court in CA-G.R. SP No. 17535, dated November 29, 1989, which found no grave abuse of discretion on the part of respondent judge in denying petitioners' motion for summary judgment. 2

The antecedents of this case are clear and undisputed. Sometime on April 15, 1988, petitioners filed Civil Case No. 2816-V-88 in the Regional Trial Court of Valenzuela, Metro Manila for annulment and/or declaration of nullity of the extrajudicial foreclosure proceedings over their...