E. SURYANARAYANA AND OTHERS Vs. KORIPALLI ADINARAYANA MURTHY

JUDGEMENT

(1.) One Koripalli Adinarayana Murthy filed Hit in O.S.No. 163 of 2004 on the file of Additional Senior Civil Judge, Kakinada against one Eedala Suryanarayana for recovery of money and obtained decree, dated 27.01.2006. Pursuant to which, the Decree Holder (for short, 'the DHr') filed E. P. 132 of 2010 before the said Court for recovery of Rs. 3,54,230.00 with interest and cost and the Execution Petition was ended in dismissal on 12-08-2011. Subsequently, the DHr filed EP.No.91 of 2011 on 23.08.2011 for attachment and sale of Immovable property viz; site of 335/13 sq.yards with tiled house No. 14-2-26(new) 4-2-22 of Surepallivari street, Samarlakota Municipality of J.Dr. supra to recover the E.P. amount. Attachment of the property was ordered. Pursuant to the attachment made absolute and from settlement of terms Ion 13-04-2012, by order for proclamation land sale there was Court auction sale conducted on 01-03-2013 ultimately, and the bid was knocked in favour of one Koripalli Venkatarao none other than the G.P.A. holder of DHr for Rs. 12,20,000.00.

(2.) The sale held on 01.03.2013 was later confirmed on 03-06-2013 and sale certificate was also issued in favour of the auction purchaser on even date. The J.Dr. meantime died on 18-04-2013. There was no intimation to the DHr or auction purchaser about the death of J.Dr., after the Court auction sale held on dated 01-03-2013 and before confirmation of the sale on 03.06.2013, on expiry of (60) days mandatorily contemplated by O.XXI Rule 92 CPC, which says where there was no any application made by the J.Dr. or person claiming through the J.Dr. or person having interest in the property meantime (within the 60 days statutory period of limitation to the date of sale), to set aside the sale either under Order 21, Rule 89 or Rule 90 or 91 CPC, as the case may be, among Order 21, Rule 89 to 93 Civil P.C. supra, which is no doubt subject to auction purchaser being the highest bidder after deposit of 1/4th amount immediate to the auction pays 3/4th of balance with poundage amount within the stipulated time of (15) days from the date of auction, else to conduct fresh auction to recover any loss from the auction purchaser for any default, as the case may be, as per the procedure contemplated under Order 21 Rules 84 to 88 C.P.C.

(3.) In the case on hand, not only the death of the J.Dr., after auction sale and before confirmation of sale not reported to the executing Court but also no application to set aside the sale filed by any of the legal representatives or assignees or other persons having any interest over the property by coming on record which resulted in confirmation of the auction sale under Rule 92 Civil P.C. and issuance of sale certificate under Rule 94 CPC.