M. CHANDRASHEKAR Vs. G. AMARESH

JUDGEMENT

(1.) RESPONDENT No. 1 herein filed O.S. No. 143/2004 for recovery of certain sums of money. The decree came to be passed against respondent No. 3 and others for a sum of Rs. 58,000/ - along with the interest at the rate of 24% per annum. As on the date of filing of the execution petition, the judgment debtor was due in a sum of Rs. 1,47,634/ -, including the interest. Execution Petition No. 88/2004 came to be filed for recovery of the said sum. He did not pay or deposit the dues. Sale proclamation was issued for Rs. 1,47,634/ -. Ultimately his residential house situated in Bellary City measuring 21'x67' was put to auction. The auction proceedings took place wherein the petitioner herein was the highest bidder. Sale was confirmed in favour of the petitioner on 12.4.2012. However, the sale certificate is not issued in favour of the petitioner. By the time the petitioner could file an application for issuance of sale certificate, respondents 4 and 5 who are the children of respondent No. 3 filed I.A. Nos. 2, 3 and 5. I.A. No. 4 is filed by the petitioner herein.

(2.) I .A. No. 2 is filed by respondents 4 under Order XXI Rule 90 r/w. Section 94 of CPC to set aside the spot sale dated 15.3.2012 and the Court sale dated 21.3.2012 in respect of the suit property.

(3.) THE suit property belonging to respondents 3, 4 and 5 is sold for Rs. 10,58,000/ - in the auction. The suit property is measuring 21'x67'. As aforementioned, the decreetal amount is Rs. 58,000/ - with interest thereon. As on the date of filing of the execution petition, the total amount due was Rs. 1,47,634/ -. It is not in dispute that the said amount was not paid or deposited by the judgment debtor as on the date of auction.