MD. MANSUR RAHMAN Vs. ABDUL MANNAN SARDAR

JUDGEMENT

(1.) Instant leave petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 26.11.2008 passed in Writ Petition No.10220 of 2007 by the High Court Division making the Rule absolute and thereby setting aside the order No. 60 dated 28.10.2007 passed by the Artha Rin Adalat, Bogra, in Money Execution Case No.142 of 2000 allowing the application filed under Section 57 of the Artha Rin Adalat Ain, 2003 and thereby setting aside the auction sale dated 18.08.2005.

(2.) The decree holder Agrani Bank filed Artha Rin Case No.49 of 1997 in the Court of Artha Rin Adalat, Bogra, for realization of Tk.13,34,503.62/-, being the outstanding loan as of date, due from the judgment debtor-petitioner hereof. The suit was decreed ex-parte on 26.05.1998 in preliminary form and was made final on 03.06.1999 and in order to satisfy the decree, the decree holder bank filed Execution Case No. 142 of 2000 and complying with the provisions of the Artha Rin Adalat Ain, 2003, and under direction of the Executing Court an auction-sale notice for sale of the mortgaged property was published in two daily newspapers and the judgment debtor-petitioner hereof entered appearance in the execution case on 08.08.2005 and prayed for adjournment of the sale with a plea of compromise and that the Executing Court allowed time fixing 11.08.2005 for filing compromise petition but the judgment debtor-petitioner did not file the required compromise and hence the Executing Court fixed 18.08.2005 for auction and on that date the auction purchaser-respondent No.1 hereof participated in the bid and his bid, being highest, was accepted. Accordingly he deposited 25% of the bid money on that date and subsequently deposited the balance of the bid money. Thereafter the auction sale was made final.

(3.) The judgment debtor-petitioner filed an application under Order 21 Rule 90 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003 for setting aside the auction, which was registered as Miscellaneous Case No.58 of 2005 and the said Miscellaneous Case was dismissed vide order dated 20.11.2005. The judgment debtor-petitioner also filed Miscellaneous Case No.59 of 2005, which was also dismissed on the same date.