RAJASEKHAR ANDANURU Vs. A.MOHAN

JUDGEMENT

(1.) The captioned writ petition arises out of final decree proceedings pending in FDP No.2/2008 on I.A.Nos.15, 16 and 17. The present petitioners are arrayed as respondent Nos.1(f), 1(g) and 1(h) in the pending final decree proceedings.

(2.) The Coordinate Bench of this Court in Civil Revision Petition No.383/2015 directed the final decree Court to draw final decree by bringing in suit schedule property for sale as contemplated under law. The respondent Nos.9 to 11 before this Court who are arrayed as defendant Nos.4(a) to 4(c) filed application in I.A.No.12 under Sec. 2 read with Sec. 8 of the Partition Act, 1893 (for short 'the Act of 1893') requesting the Court to sell the suit schedule property by way of auction and distribute the proceeds. The said application was allowed by the final decree Court by order dtd. 23/11/2021 and the Court called upon the parties to submit their written willingness to bid the property under court auction in terms of Sec. 3 of the Act of 1893. The respondent No.1 who is the petitioner in FDP Court, respondent Nos.4 and 5 who are arrayed as respondent Nos.1(c) and 1(d) respectively, husband of respondent No.9 namely Dayanand who was arrayed as respondent No.4 and present respondent No.15 who is arrayed as defendant No.8 expressed their willingness to participate in the bid.

(3.) The matter was adjourned on three occasions to enable the present petitioners an opportunity to participate in the proceedings. The present petitioners did not submit their willingness to purchase the property under the bid. On 13/12/2021, court auction was conducted and bid was held in court premises between 4.00 p.m. to 5.00 p.m. In terms of court auction held on 14/12/2021, the above said respondents participated in the auction bid and the present respondent No.15 was declared to be the successful bidder. The FDP Court directed the respondent No.15 to deposit the bid amount by 17/1/2022. The respondent No.15 filed a memo along with Demand Drafts bearing Nos.172109 and 172110 dtd. 14/1/2022 and deposited Rs.1.00 Crore each. Thereafter respondent No.15 filed I.A.No.15 seeking extension of time to deposit remaining sale consideration. The respondent No.15 subsequently has deposited the entire amount.