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BANDARU SYAMSUNDER
K. Jaithun Bi – Appellant
Versus
Dubba Jayarami Reddy – Respondent
ORDER :
1. This civil revision petition is filed by the petitioners/Judgment debtors under Section 115 of the Code of Civil Procedure (in short “CPC”) against the Orders passed by the learned Junior Civil Judge, Atmakur in E.A. No. 154 of 2007 in E.P. No. 85 of 2003 in O.S. No. 140 of 2001, dated 09.06.2010.
2. The case of the petitioners before the Executing Court in brief is that the respondent filed E.P. No. 85 of 2003 against them to execute the decree in O.S. No. 140 of 2001 for realization of decretal amount of Rs. 30,854/- only and brought E.P. schedule property for sale, which is wet land cultivated under K.C.canal water by raising two crops a year. They submit that the E.P. schedule land is to an extent of Ac. 5.00, worth Rs. 50,000/- per acre, but the respondent purposely undervalued the land and shown its market value as Rs. 1,00,000/- and the Court Amin valued the E.P. schedule land for Rs. 2,00,000/- but at the time of settlement of terms, the Court has not taken into consideration the decree amount and extent of the property to be sold and put the entire property for sale, which is knocked down by the respondent/decree holder for partly sum of Rs. 2,04,000/- only, which
A Court executing a decree can only sell such portion of the property attached as may seem necessary to satisfy the decree and no sale can be allowed beyond the decretal amount.
The court emphasized the application of Order XXI Rule 90 of the CPC in cases of substantial irregularities causing injury to the judgment-debtor and cited legal precedents to support its decision.
An execution court is obligated to sell only such portion of the property as is necessary to satisfy the decree, and selling the entire property without examining this aspect is illegal and without j....
![Sadachi [died] vs P.C. Mariappan [died] - 2024 Supreme(Mad) 2528](https://supremetoday-s3.b-cdn.net/Madras_1.png)
The sale of property in execution of a decree must comply with procedural rules, only necessitating sufficient property to satisfy the decree amount, failing which the sale is invalid.
![Sadachi [died] vs P.C. Mariappan [died] - 2024 Supreme(Mad) 2531](https://supremetoday-s3.b-cdn.net/Madras_2.png)
Execution sales must adhere to the limitations set by procedural rules to ensure justice, with only sufficient property sold to satisfy the decree amount.
The executing court must ensure only necessary property is sold to satisfy a decree, and dismissal of a claim under Order XXI Rule 58 does not bar a subsequent application under Order XXI Rule 90 for....
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
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