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RAVI NATH TILHARI
Godithi Veera Prasad, S/o. Venkata Rao – Appellant
Versus
Chundru Srinivasu, S/o. Kondala Rao – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner and perused the material on record.
2. The petitioner in both the civil revision petitions is the defaulting auction purchaser in the Court auction in execution of the decree against the judgment debtor No.2. The petitioner is defaulting under Rule 84 of Order XXI of the Code of Civil Procedure (in short, C.P.C) in as much as 25% of the sale price was not deposited.
3. The respondent No.1 is the plaintiff/decree holder. The respondent Nos.2 to 5 are the judgment debtors.
4. Considering the fact situation and for the consideration made herein after, issuance of notice to the decree holder the respondent No.1 is dispensed with. The reason is that the decree holder has a right for execution of his decree but he has no right to insist, that the defaulting auction purchaser under Rule 84, be directed to deposit such amount, except as provided under Order XXI Rule 71, on satisfying the prerequisites of Rule 71, which is not the case here, as the resale has not taken place. The decree holder has also filed another application for execution against the another judgment debtor.
5. The notices to t
The court ruled that failure to deposit the mandatory 25% bid amount in a court auction renders the sale void, necessitating a resale, and coercive measures against the auction purchaser are not perm....
Auction sales under CPC require strict adherence to mandatory deposit rules, failing which the sale is void ab initio and cannot be ratified by subsequent actions.
Non-compliance with the requirement to deposit the remainder of the purchase money within the specified time renders the auction sale a nullity.
Auction sale of property – Non-compliance of mandatory provisions can vitiate auction sale of property.
The auction of immovable property must adhere strictly to the procedural requirements set forth in the Karnataka Land Revenue Act, including proper notice and accurate property description, to ensure....
Mandatory compliance with procedural requirements under the SARFAESI Act is essential; failure to adhere prejudices borrowers' rights and invalidates auction proceedings.
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