RUBEY Vs. RAJU

JUDGEMENT

(1.) Petitioners 1 and 4 to 8, deceased George (the predecessor- in-interest of petitioners 2 and 3) and the respondent jointly filed a suit for partition. The suit property is having an extent of 19.750 cents. The plaintiffs claimed 5/6 shares and the defendants claimed 1/6 share. A preliminary decree was passed on 20.10.2004 directing to divide the property and allot 5/6 shares to the plaintiffs and 1/6 share to the defendants. Thereafter I.A.No.892 of 2005 was filed by the plaintiffs for passing a final decree. The advocate commissioner appointed reported that division of the property by metes and bounds was impossible and he suggested to auction the plaint schedule property among the sharers. Thereafter the plaintiffs, except the 1st petitioner herein, filed

(2.) an application as I.A.No.4092 of 2008 seeking auction of the plaint schedule property. Later, on 16.07.2009, on consensus of the parties, the trial court fixed the upset price of the plaint schedule property at Rs.13,00,000/-. On 30.07.2009 the auction was conducted and the respondent bid the auction for a price of Rs.24,90,000/-. On 30.07.2009 itself the respondent deposited Rs.6,22,500/-, that being ? of Rs.24,90,000/-. Thereafter on 31.07.2009, the trial court confirmed auction of the plaint schedule property in the respondent's name. On 10.08.2009, he deposited a further amount of Rs.14,52,500/-, that being the balance amount after deducting his 1/6 share in Rs.24,90,000/-.

(3.) Immediately thereafter the defendants in the suit filed a cheque application before the court seeking permission to withdraw their 1/6 share in the bid amount. As per the order dated 22.08.2009, the trial court ordered to issue a cheque for Rs.4,15,000/- in favour of the defendants and they withdrew the amount. Thus from the total bid amount deposited by the respondent, balance Rs.16,60,000/- remained in deposit in the Sub Treasury, Irinjalakuda.