(1.) RULE returnable forthwith. Heard finally by consent of Shri Dharmadhikari, learned Counsel for the applicant, Shri Kothari, learned Counsel for the respondent No. 1 and Shri Bhangade, learned Counsel for the respondent No. 2.
(2.) THE civil revision application is directed against the order dated 20-12-2000 passed by the Civil Judge, Senior Division, Yavatmal below Exhs. 58 and 61 in Special Darkhast No. 34/1988 whereby the Executing Court has rejected Exh. 58 and allowed Exh. 61. The facts which give rise to the controversy, in nutshell, are as follows.
(3.) THE respondent No. 1 decree holder filed execution proceedings against the present applicant/judgment debtor for recovery of Rs. 2,48,377. 96, which were registered as Special Darkhast No. 34/1988. The decree holder during the pendency of the execution proceedings applied for attachment and sale of plot admeasuring 60 x 100 (6000 sq. ft.) along with the building situated at Arni, Tahsil Arni, District Yavatmal. The Executing Court directed auction of the property in question. The Executing Court held auction on 18-10-1995 and respondent No. 2 gave a bid for Rs. 67,900/ -. The same being highest, was accepted. The respondent No. 2 auction purchaser deposited 1/4th of the bid amount, i. e. Rs. 16,975/- on the same day, i. e. 18-10-1995 and the balance amount of Rs. 50,925/- on 31-10-1995. The auction purchaser failed to deposit the amount of stamp duty of Rs. 2,720/- payable on the sale certificate within the stipulated period.