GEORGE Vs. SAMBAMURTHY

JUDGEMENT

(1.) A question relating to the application of the new provision introduced in Order 21, Rule 54 (1A) CPC arises in this revision.

(2.) The petitioner in this revision petition is the judgment-debtor. He filed an application E. A. No.440/1983 under Section 47, CPC in E.P. No. 178/82 in O. S. No. 1425/80 in the Court of the District Munsif, Visa-khapatnam. The relief claimed in that application was for estimating and mentioning the market value of the E. P. Schedule property before the same was put to sale. The property was a building in Visakhapatnam town in an extent of about 300 square yards and it is a terraced building. The amount due under the execution petition is Rs. 10,233-75. On 18-4-1983 the Court below rejected the application filed by the judgment-debtor for valuation of the property and proceeded with the sale. This revision is directed against the order refusing to value the property and state the judgment-debtor's value in the sale proclamation.

(3.) This revision was filed in this Court on 23-5-1983 and the sale having been held on 25-4-1983 the petitioner asked for stay of confirmation of sale. In CMP No. 5465 of 1983 this Court granted stay of confirmation of sale on 24-5-1983 on condition that the petitioner deposited the entire decretal amount of Rs. 10,233/-within a period of six weeks. There is no dispute that the petitioner has complied with that order by depositing the entire amount due under the execution petition within that time.