VELIVETY RAMAKRISHNAIAH Vs. B HEMALATHA DEVI

JUDGEMENT

(1.) These three revisions arise out of a common order. The Judgment- debtor and the purchaser of equity of redemption are the petitioners herein who seek the revision of the orders passed against them.

(2.) The relevant facts leading to these petitions are : In execution of the decree, the decree-holder, who is the 1st respondent herein, brought to sale the property of the judgment-debtor, over which a charge was created for failing to pay the unpaid purchase-money. In the auction-sale held on 21 -4-1975, the 2nd respondent herein purchased the same. Thereupon the judgment-debtor filed E.A. No. 937 of 1376 under Order 21, Rule 90 Civil Procedure Code, for setting aside the sale, but the same was dismissed on 11-9-1978. After the disposal of E.A. No. 937 of 1976 on 11-9 1978, leave to appeal to the Supreme Court was rejected and so also the special leave petition, S.C.L.P. No. 2322 of 1979 filed in the Supreme Court. Pending the Special Leave Petition, however, off and on E.A. Nos. 234, 238 and 145 of 1979 were filed for staying ths confirmation of sale. After the disposal of the S C L.P., however, these three E.As. also were dismissed on 2 J-3-1979 and the E.P. was posted for confirmation of sale on 24-4-1979, since, in the meantime, on the transfer petition filed by the petitioner herein in the District Court, confirmation of sale was stayed. On 24 4 1979, the Dis'rict Couit, however, vacated the stay, and the order was received by the executing Court on the same day. On 24-4-1979 however, the entire amount was deposited by the judgment-debtor; and simultaneonsly, E.A. No. 560 of 1979 was filed by him under Order 34, Rule 5, Civil Procedure Code, for the redemption of the mortgage and for setting aside the sale after recording full satisfaction. The said E.A. was dismissed, and the sale was actually confirmed by pronouncing the order on 16-11-1979. Hence the two revisions, C R.P. Nos. 7587 and 7588 of 1979, one against the order dismissing E.A. No. 560 of 1979 and the other against the order confirming the sale.

(3.) There is yet a third revision, C.R.P No. 218 of 1980, filed by the purchasers of equity of redemption from the judgment debtor before the confirmation of sale. The amount deposited on 24-4-1979, was out of the amount paid towards the consideration of the purchase of equity of redemption.