JOBO KORA THOMAS Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The petitioner is the auction purchaser in E.P.No.31/2007 in O.S.No.1085/1991 on the file of the Sub Court, Kottayam. This petitioner pursuant to the auction sale, deposited an amount of Rs.6 lakhs and the stamp duty and sale certificate was obtained as early as on 31.01.2007. Thereafter he filed an application for delivery of the property. But at that time an objection was raised by two other persons claiming right over the property and thereafter the court below as per Ext.P5 common order dated 03.01.2019 in E.A.No.725/2009 and E.A.No.113/2011 allowed their application and also declared that the property is not liable to be delivered to the auction purchaser. Thereafter, the auction purchaser has filed Ext.P6 application to get refund of the amount of Rs.6 lakhs along with interest at the rate of 12% from 17.10.2006 and also claimed an amount of Rs.2 lakhs as the expenses incurred and damages sustained by him. But unfortunately that application was dismissed as per an order dated 28.1.2020 (Ext.P11). Before that on 16.01.2019 the E .P. itself was dismissed for default by the court below on the finding that the auction purchaser has not taken steps. Thereafter, this auction petitioner has filed Ext.P9 on 30.01.2019 to review the order dated 16.01.2019 dismissing the E.P. But that application was also dismissed on 28.1.2020 ( Ext.P10).

(2.) The prayer sought for in the application filed as E.A.No.51/2019 was to review the order in the E.P. when the delivery could not be effected to him. But that application was also dismissed. So the auction petitioner could not file a petition to set aside the sale in his favour and to get refund of the amount deposited by him. All those orders are under challenge in this petition.

(3.) Notice issued to the 2nd respondent/the judgment debtor has been returned with an endorsement that he left station. The 1st respondent who is the decree holder in the original suit has fairly reported that he has no objection in directing the court below to reconsider all these petitions as sought for by the petitioner.