RAVIRAJ SINGH Vs. RANVIJAY PRATAP SINGH AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the present petition, under Article 227 of the Constitution of India, challenging the order dated 27.10.2015 passed by 3rd Additional District Judge, Satna in M.J.C. No. 11/2009.

(2.) The respondent No. 1 and five others had filed a Civil Suit No. 19-B/2003 against respondent No. 2 for recovery of an amount of Rs. 1,44,840/-. The said suit was decreed by judgment and decree dated 10.05.2004 passed by 3rd Additional District Judge, Satna. The decree holders, thereafter, filed an execution application on 12.08.2004 for recovery of an amount of Rs. 1,91,130/- against respondent No. 2. For recovery of the said amount, the part of the land bearing Khasra No. 300/2, 301/2, 340, 343/3, 345 and 375/2 was put to auction sale. In pursuant to the auction sale, the sale certificate was issued in respect of the properties in question in favour of respondent No. 1 on 03.08.2006.

(3.) On 27.10.2006, the petitioner had filed an objection under Order 21 Rule 99 read with Section 151 of the C.P.C. on the ground that the property in question is a joint family property, no partition of such property had taken place, the petitioner has share in such property, the suit property is in joint cultivation and, therefore, the same could not have been subject matter of auction sale.