KRISHNA AMBARAMOLD Vs. KRISHNA AMBARAM TRUST

JUDGEMENT

(1.) THOUGH the petition is listed in the stage of hearing on Interlocutory Application and there is an indication with regard to taking steps in respect of the unserved respondents, considering the fact that the issue relates to the acceptance of the Commissioner's Report and the unserved respondents would not be necessary for consideration of that aspect and also since the matter lies in a narrow compass, the petition itself is taken up for consideration and disposed of by this order.

(2.) PETITIONER herein is the petitioner No. 1(b) in FDP No. 30/2006 in respect of the preliminary decree granted. On noticing that the physical division of the property among the sharers is not possible, the property which is the subject herein is put to auction so as to distribute the sale proceeds in consonance with the shares allotted to each of the parties in the preliminary decree. In the said process, the Court Commissioner had been appointed by the Court below for conducting sale of the property which is the subject matter in this petition. The Commissioner having conducted the sale has submitted his report on 27.07.2014. The court below while accepting the report of the Commissioner has directed confirmation of the sale of the second item of the schedule property as per the public auction conducted on 21.07.2014. The petitioner herein is assailing the order of the court below whereby the report has been accepted and the sale has been confirmed.

(3.) THE learned counsel would also point out that though only one Mr. Irfan Razack was the bidder, the order presently indicates that the sale is to be confirmed in favour of two others whose name is indicated in the operative portion of the order. Further, it is also his case that the property in question would fetch more than the price for which the bid has been accepted and therefore the report of the Commissioner as well as the order of the court below is liable to be set aside.