GANESH DAL MILL Vs. MARAM NARSAIAH

JUDGEMENT

(1.) Heard Sri B. Venkat Rama Rao, the Counsel representing the revision petitioners and Sri V. Ravi Kiran Rao, the Counsel representing the 1st respondent who had lodged the caveat.

(2.) The matter came up on 20-12-2005. After hearing the Counsel on record, this Court granted interim stay for a period of one week in case the cheque had not been already issued and directed the matter to appear in the list on this day. It is represented by Sri Venkat Rama Rao, the Counsel representing the revision petitioners that the 1st respondent in the C.R.P. - the 3rd party auction purchaser alone is the contesting party and respondents 3 to 6 are not necessary parties and inasmuch as R.2 - the plaintiff is not seriously disputing the matter notice need not be served on the 2nd respondent.

(3.) The C.R.P. is filed by the revision petitioners under Article 227 of the Constitution of India as against the order of the learned I Additional District Judge, Nalgonda, dated 14-12-2005, dismissing the application I.A. No3229/2005 in LA. No.2711/2005 in O.S.No.8/2002. The said application was filed by the revision petitioners and others - defendants 1 to 8 under Order XXI Rule 71 read with Section 151 C.P.C. praying the Court to withhold the auction price amount of Rs.26,50,000/- till the re-auction is concluded in the suit or to pass any other order which the Court deems fit and proper. The learned Judge made a common order in I.A. No.3229/05, I.A. No.2865/2005 and I.A. No.3173/2005. The learned Judge dismissed I.A. No.2865/ 2005 and the office was directed to refund the deposited amount to the auction purchaser by withholding Rs.30,000/- for the expenses to be incurred for conducting re-auction plus expenses already incurred by the Commissioner in the previous auction. I.A. No.3229/2005 also was dismissed. I.A. No.3173/2005 was closed in view of the orders in I.A. No.2865 of 2005.