MANGNO Vs. 1ST ADDITIONAL DISTRICT JUDGE MUZAFFAR NAGAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 13-2-1986 passed by respondent No. 1 allowing the revision and rejecting the application of respondent No. 2 to set aside the auction sale.

(2.) The factual matrix of the case is that respondent No. 2 filed Suit No. 80 of 1975 for recovery of money against the petitioners. The suit was finally decreed in 1979. The decree-holder filed application for execution of the decree in the year 1979. The property of the judgment-debtors was attached and sold in auction on 4-9-1981. The petitioners filed objection under Order 21, Rule 90 of the Code of Civil Procedure. The objection was dismissed in default and the auction sale was confirmed on 18-2-1983 and the Court directed the petitioners to hand over possession of the property which was sold in auction. The petitioners thereupon filed application to set aside the auction sale held on 4-9-1981 with the allegation that they had deposited the amount after the auction sale, which covered the amount of the purchase money. The trial Court, taking the view that the amount was deposited after the auction in pursuance of the order of the Court, set aside the auction sale on 25-1-1985. Respondent No. 2 filed revision against this order. Respondent No. 1, on the finding that as the petitioners had not deposited the amount in accordance with Order 21, Rule 89 of Code of Civil Procedure, set aside the order of the trial Court vide impugned order dated 13-2-1986.

(3.) The core question is whether the petitioners are entitled to the benefit of any deposit under Order 21, Rule 89 of Code of Civil Procedure which reads as under :- 89. Application to set aside sale on deposit. - (1) Where immovable property has been sold in execution of a decree, (any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person, (may apply to have the sale set aside on his depositing in Court,-