PAWAN KUMAR Vs. PANKAJ SHARMA

JUDGEMENT

(1.) This revision petition has been filed for setting aside order dtd. 16/10/2018, passed by the learned Civil Judge (Junior Division), Ludhiana, vide which application filed under Order 21 Rule 89 CPC by judgment debtor no.4 namely Pankaj Sharma, arrayed as respondent no.1 in this revision petition, has been allowed for setting aside the sale conducted on 14/5/2018.

(2.) Brief facts necessary for adjudication of the case are that, the petitioner No.1-Pawan Kumar and petitioner No.2-Surinder Kumar as well as respondent No.5-Darshana Devi, children of Ram Dev son of Shri Ami Chand, filed a suit for partition of the property in question, as detailed in the plaint including four shops and a house situated at its back by metes and bounds for 1/4th share of the plaintiffs and also sought the accounts of 1/4th share of the plaintiffs and arrears of rent for three shops from 4/4/2006. Suit was decreed and preliminary decree was passed on 5/5/2011 by the learned Civil Judge (Junior Division), Ludhiana. An application for passing of the final decree was filed, which was allowed by the learned Civil Judge (Junior Division), Ludhiana, vide judgment and decree dtd. 5/8/2015, wherein it was directed that the property be put to auction and the sale proceeds be divided between the parties as per their respective shares. Decree holders thereafter filed an application for execution of the final decree. Respondent no.1 i.e. judgment debtor no.4 appeared before the learned Executing Court and on applications moved by the decree holders and judgment debtor, they were permitted to participate in the auction proceedings vide order dtd. 20/12/2017 (Annexure P3). Judgment debtors No.1, 2 and 3 were proceeded ex-parte. Respondents No.1 and 4 (i.e., judgment debtors No.4 and 5) were duly represented by one counsel.

(3.) The property was thereafter put to auction. The Court auctioneer moved an application on 15/5/2018 for depositing the bid amount in the shape of demand drafts, which was allowed and the matter adjourned to 31/5/2018.