G VENKATA REDDY Vs. B VENKATA REDDY

JUDGEMENT

(1.) THIS revision is directed against the order dated 24/11/2009 passed in E.A.No.75 of 2009 in E.P.No.59 of 2009 in O.S.No.156 of 2000 on the file of the Junior Civil Judge, Huzurnagar, whereby and whereunder the learned Junior Civil Judge allowed the Execution Application filed by the Judgment debtor under Order XXI Rule 90 read with Section 151 of the Civil Procedure Code, and, consequently, set aside the sale held on 9/3/2005 in E.P.No.59 of 2005.

(2.) THE 1st respondent herein is the judgment debtor and the 2nd respondent is the decree holder in E.P.59 of 2009 on the file of the Junior Civil Judge, Huzurnagar. THE decree holder brought the properties of the judgment debtor to sale. Auction of the properties has been held on 9/3/2005. THE petitioner herein is the auction purchaser. He deposited l/3rd of the amount on the date of auction, and subsequently deposited the 3/4th of the auction amount on 21/3/2005. While so, the judgment debtor filed E.A.No.75 of 2009 under Order XXI Rule 90 read with Section 151 C.P.C. to set aside the sale conducted on 9/3/2005 on the ground of material irregularities. Initially, the Executing Court allowed the application on the ground that the auction purchaser failed to deposit stamp duty amount within the stipulated period by order dated 29/4/2008. THE auction purchaser filed C.R.P. No. 1730 of 2009 assailing the order dated 29.4.2008 passed in E.A. No.29 of 2005 in E.P No.37 of 2004 in O.S. No. 156 of 2000 on the file of the Junior Civil Judge, Kodad. THE revision came to be allowed setting aside the order dated 29/4/2008 remanding the matter back to the Executing Court with a direction to dispose of the E.A., after giving opportunity to both the parties, within a period of two weeks, by order dated 15/7/2009. For better appreciation, I may refer to Para Nos.6 and 7 of the order passed in C.R.P. No. 1730 of 2009, which reads as hereunder:

(3.) HEARD learned Counsel appearing for the parties.