U PANDURANGA MALLYA Vs. U VAMANA MALLYA

JUDGEMENT

(1.) 1. This is a revision by defendant No 3 against the order dated 21-8 1987 passed by the Civil Judge, Mangalore, in FDP 45/78 in O.S. 71/75 calling upon the petitioner (defendant No 3) to produce the non-judicial stamp paper to execute the sale certificate in respect of the sale conducted by the court Commissioner as per the orders of the court.

(2.) The present revision petitioner was held entitled to 9/48 share in the properties. The property in question was a godown property and incapable of division. Therefore, the court ordered the sale of the property between the share holders themselves and it appointed a Commissioner for conducting the sale between co-sharers. The sale was held by the Court Commissioner, The highest bid was for Rs. 2,70,000/-. The present petitionerwas the highest bidder. According to the petitioner, he deposited the entire amount of Rs.2,70 000/- and he filed an appl cation (I A.37) for payment of his share of the money in daposit. The court, while disposing of I.A 37, held that unless the present revision petitioner paid the non judicial stamp paper for the execution of the sale certificate, his request for issuing a cheque in relation to his share in the money could not be granted. It is this order which is challenged in this revision

(3.) The sale was, admittedly, held between the co-sharers themselves. The court ordered the sale as it came to the conclusion that the property was incapable of division. Therefore, under these circumstances, in order 10 see that each party gets his share in the value of the property, it ordered the property to be sold amongst the co-sharers.