AKULA SRINIVASA RAO Vs. G VENKATESWARA SARMA

JUDGEMENT

(1.) This revision petition arises out of an order dt.21.6.2002 returning the petition under Order 21 Rule 86 C.P.C. filed by the revision- petitioners/Judgment-debtors to set aside the execution sale held by the Court below.

(2.) The case of the petitioners is that their properties were brought to sale in the E.P. filed by the decree-holder in execution of decree obtained against them and that they do not know whether the bidder deposited 25% of the amount of the purchase money or not. On the date of auction and that they came to know that the auction purchaser has to pay the full bid amount into Court on or before 15th day from the sale of the property and that the auction purchaser in this case did not do so and so the sale is liable to be set aside under Order 21 Rule 86.

(3.) The said petition was returned by the office with the following endorsement on 21.6.2001: The purchaser deposited Rs.13,76,593/- on 1.6.2002. Hence this petition not maintainable. May be returned. On the same day i.e., 21.6.2001 counsel for the revision petitioners in the trial court represented the petition with the following endorsement: