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2019 Supreme(AP) 19

U.DURGA PRASAD RAO
G. Venkata Ramana Naidu – Appellant
Versus
K. Venkataramana Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Sudhakar Reddy
For the Respondents: T.D. Phani Kumar for Harinath Reddy Soma and P. Durga Prasad

ORDER :

U. Durga Prasad Rao, J.

1. Challenging the civil revision petition at the instance of petitioner/4th judgment debtor is the order dated 10.10.2018 in E.A. No. 94 of 2018 in E.P. No. 20 of 2014 in O.S. No. 114 of 2011 where under the learned V Additional District Judge, Tirupathi allowed the petition filed by the petitioner/auction purchaser under Section 151 of Civil Procedure Code (for short 'C.P.C.') to permit him to deposit the value of stamp papers for getting sale certificate beyond the time stipulated in Order 21 Rule 5 of C.P.C.

2. The factual matrix of the case is thus:

(a) In E.P. No. 20 of 2014, the 1st respondent herein was the third party/auction purchaser being the successful bidder in the auction conducted by the Execution Court. He paid 25% of the sale consideration amount on the date of auction itself i.e., on 16.8.2018 and also deposited the remaining 75% of the consideration on 23.8.2018. However, he has not deposited the requisite amount for obtaining stamp paper for drafting sale certificate within the period prescribed under Order 21 Rule 85 of C.P.C.

(b) The auction purchaser realized his mistake and later, he filed E.A. No. 94 of 2018 under Section 148 and








































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