ARAVINDA SHETTY Vs. DEPUTY COMMISSIONER, RAJATADHRI, MANIPAL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned HCGP for respondent Nos.1 to 3 and learned counsel for respondent No.4.

(2.) The undisputed facts are that respondent No.4 is the Judgment Debtor in Execution No.13/2009 on the file of the Senior Civil Judge at Kundapura and the Execution Proceedings were initiated in pursuance to the judgment and decree passed in O.S.No.159/2000. On account of decreetal amount not being satisfied, the property of respondent No.4 comprised in Sy.No.183/P1 measuring 3.22 acres situated at Siddapura village, Kundapura Taluk was brought for sale by way of public auction and that the public auction was held on 24.01.2015. The petitioner was declared as the highest bidder with a bid of Rs.27 Lakhs. The petitioner was directed to deposit the entire sum within 15 days vide order dated 24.01.2015.

(3.) The said order confirming the same was called in question by respondent No.4, the owner of the land in W.P.No.12895/2015 and the said writ petition complained the contravention of Order 21 Rule 60 of CPC and the other contentions raised by the petitioner were negativated. This Court vide order dated 28.07.2015 was pleased to uphold the validity of the auction held and thereby upheld the auction of the land in favour of the purchaser. While holding so and dismissing the writ petition, this Court was pleased to observe that notwithstanding upholding of the Court sale, if the Judgment Debtor-respondent No.4 herein has any other means to challenge the same, it is open for the judgment debtor to do so as provided under law.