REDDAM SATYANARAYANA PRASAD Vs. ANGADA SATYANARAYANA

JUDGEMENT

(1.) The present Revision is filed questioning the Judgment dtd. 5/7/2011 in C.M.A.No.27 of 2009 passed by Judge, Family Court-cum-Additional District Judge, East Godavari District, Rajahmundry confirming the Order dtd. 10/8/2009 passed by the I Additional Junior Civil Judge, Rajahmundry in E.A.No.52 of 2008 in E.P.No.28 of 2007 in O.S.No.1283 of 2004.

(2.) Brief facts: The petitioner is the judgment debtor. A suit O.S.No.1283 of 2004 was filed for recovery of money and the same was decreed on 14/6/2005. For realization of the decretal amount, the schedule property was auctioned on 2/9/2008 in E.P.No.28 of 2007. The petitioner then filed E.A.No.52 of 2008 under Order 21 Rule 89 CPC to set-aside the auction, as he had paid the decretal amount of Rs.45,000.00 to the respondent No.1 towards full and final satisfaction of the decretal amount. A full satisfaction memo dtd. 12/9/2008 was filed into Court on 31/10/2008 by the decree holder. The above application was filed before confirmation of sale by the Court.

(3.) The Respondent No.1/decree holder did not file any counter. The Respondent No.2/auction purchaser filed his counter opposing the application and had contended that the sale was conducted on 2/9/2008 and the Respondent No.2 was declared as the highest bidder and the Respondent No.2 paid the entire bid amount of Rs.3,10,000.00 with stamp duty and poundage. It was also contended that the Petitioner failed to deposit the amount within the time as prescribed for setting aside the sale under Order 21 Rule 89 CPC.