BUNDOO Vs. VTH ADDL DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) THE petitioner filed suit No. 106 of 1976 against Munna Singh the predecessor-in-interest of respondent Nos. 3 to 8 (hereinafter referred to as the contesting respondents) for recovery of Rs. 6,830. THE suit was decreed for the aforesaid amount in favour of the petitioner. THE petitioner decree-holder filed execution case No. 1 of 1978 (Bundoo v. Munna Singh) and in execution proceedings the agricultural plots situated in village Rasoolpur was attached and auctioned which was purchased by the decree-holder the petitioner for Rs. 15,000 on 4-9-1978. Munna Singh died leaving behind the contesting respondents as his heirs and legal representatives. THE contesting respondents moved an application 17-C for permission to deposit the entire decretal amount which was rejected on 4-10-1980. THEreafter the contesting respondents also moved an application again for depositing the amount. Respondent No. 2 on 4-10-1980 passed order to register the application to take steps within 7 days. On the same day another application by the judgment-debtor was moved for stay of the sale. THE Court passed the order the following order: "let her deposit the entire amount at her risk within 5 days. "

(3.) FROM the record it appears that the plaintiff decree-holder was auction purchaser and the amount involved in the suit was only Rs. 5,000 for which suit was decreed. The plaintiff cannot purchase the property in auction purchase except with the permission of the Court. The plaintiff in the instant case, had purchased the property worth Rs. 15,000 which could have been satisfied only from a part of auction property. There is no explanation why the property worth Rs. 15,000 was auctioned when the amount involved in execution was only Rs. 5,000.