GULAB SINGH Vs. IIIRD ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition under Article 226 of the Constitution of India filed by Gulab Singh, judgment debtor aggrieved by the execution of decree passed in Original Suit No. 30 of 1983, which was decreed by Civil Judge, Fatehpur, vide its order dated 21.11.1985. Thereafter judgment debtor, present petitioner preferred a regular appeal against the said judgment and decree passed by Civil Judge, Fatehpur. The said appeal was dismissed by lower appellate court and the decree was confirmed. The decree holder thereafter preferred execution of the decree, which has been registered as Execution Case No. 4 of 1988 for recovery of the decretal amount against the judgment debtor. The immovable property of the Judgment debtor relating to Gata No. 348 was attached on 18.2.1988 by Civil Judge, Fatehpur and the same was put to public auction, which was conducted in presence of the judgment debtor on 15.2.1993. The highest bid in the aforesaid auction was that of Smt. Gomti Devi who deposited one fourth of the bid money immediately after the auction sale, on the spot. The auction conducted on 15.2.1993, was confirmed by Civil Judge, Fatehpur, on 9.7.1993 and the entire money was deposited by Smt. Gomti Devi. No objection whatsoever was filed by the judgment debtor. It is this now the present application has been filed. The execution court as well as lower appellate court has recorded a finding that the judgment debtor has not complied with the provisions of Order XXI Rule 82, Code of Civil Procedure nor did he deposit the money as contemplated under the aforesaid Order XXI and no objection whatsoever has been filed to the auction. In these circumstances, this application cannot be allowed.

(3.) The aforesaid finding was affirmed by the revisional court and the revision was dismissed.