B. V. PRAMODHA KUMAR Vs. B. S. JAIVANDAS

JUDGEMENT

(1.) The captioned second appeal is filed by respondents 5 to 12 in the final decree proceedings, who are assailing the decree passed by the FDP Court in confirming the sale of suit schedule property in favour of respondent No.14 and consequently, issuing a sale certificate by collecting a proper stamp and thereby granting Rs.1,17,083.00 to the plaintiff out of the sale consideration, in satisfaction of the preliminary decree drawn in O.S.No.353/1992.

(2.) The facts leading to the case are as under: Respondent No.1 namely B.S. Jaivandas filed a suit for partition and separate possession in O.S.No.353/1992. The said suit was decreed by the Court granting 1/12th share to the plaintiff/first respondent by judgment and decree dtd. 27/1/1996. First respondent before this Court, who is no more, initiated final decree proceedings in FDP.No.16/2008. A Commissioner was appointed to report feasibility of partition in terms of the preliminary decree drawn by the Court. The Court commissioner on spot inspection submitted a report indicating that partition is not feasible. It is in this context, respondent No.14 filed an application and an auction was held within the family members and respondent No.14 alone participated in the family auction and the upset price was fixed at Rs.14,00,000.00. Respondent No.14 bid the suit schedule property for a sum of Rs.14,05,000.00 and none of the other family members participated in the auction. Therefore, respondent No.14 deposited 25% of the accepted bid amount before the Commissioner and the remaining amount was deposited before the Court.

(3.) The present appellants, who are respondents in the final decree proceedings, filed writ petition in W.P.No.51104/2014 questioning the auction sale. This Court on examining the rival contentions canvassed by both the parties was not inclined to interfere with the order passed by the Court below wherein auction sale was upheld by the FDP Court. This Court dismissed the writ petition. Paragraphs 7 to 10 of the said order would be relevant, therefore, the same is culled out as under: