C N JANAKI Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the common appellant as well as the auction purchaser and learned Government Pleader.

(2.) THE property of the appellant was brought for auction in order to recover the dues pertaining to an award under Section 138 of the Negotiable Instruments Act. The 3rd respondent in W.A. No.1352 of 2011 and 6th respondent in W.A. No.1358 of 2011 purchased the said property in auction. Subsequently, the appellant challenged the auction and ultimately a compromise was arrived at between the parties before the Lok Adalat.

(3.) IN that view of the matter, the appellant seems to have satisfied so far as the financial dues to the complainant in 138 proceedings as also the auction purchaser. Possession was retained with the owner as per the terms of settlement. In that view of the matter, the auction held by the Tahsildar, Pathanamthitta, has to be set aside with a direction to the Tahsildar concerned to refund Rs.6,27,000/-to the auction purchaser. Accordingly, the writ appeals are disposed of. The sale of the property of the appellant in the auction held by the Tahsildar, Pathanamthitta, is set aside. The Tahsildar, Pathanamthitta, is directed to refund Rs.6,27,000/-, the sale consideration deposited by the auction purchaser, within one week from the date of production of a copy of this judgment.