(1.) The Petitioner filed O.S. No. 165 of 2007 in the Court of Principal Senior Civil Judge, Ongole, against the Respondent for recovery of some amount. The suit was decreed on 26.02.2009. The Petitioner filed E.P. No. 157 of 2009 stating that the Respondent did not satisfy the decree. It appears that an item of immovable property was attached. A sale proclamation was issued. The Petitioner filed E.A. No. 53 of 2011, under Order XXI Rule 72 Code of Civil Procedure, with a prayer to permit her to participate in the auction. The application was dismissed by the executing Court through order, dated 02.02.2011. Hence, this revision.
(2.) Heard learned Counsel for the Petitioner and learned Counsel for the Respondent.
(3.) Order XXI Rule 72 Code of Civil Procedure mandates that the decree holder in an E.P. cannot participate in the auction of an attached item of property, unless permitted by the Court. Naturally, whenever an application is filed by a decree holder seeking permission to participate in the auction, the Court must be satisfied that such participation would not be detrimental to the interest of the judgment debtor. Unless the decree holder states the reasons on account of which he/she intends to participate in the auction, there is every likelihood of the decree holder taking undue advantage of his position, and causing harm to the judgment debtor. Therefore, permission can be accorded to the decree holder to participate in the auction only when the Court is satisfied that such participation would not be harmful to the interest of the judgment debtor.