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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MS JUSTICE B S BHANUMATHI, J
Puram Bhimaiah – Appellant
Versus
Gadamsetty Venkata Madhusudhan Rao – Respondent
ORDER :
(B. S. BHANUMATHI, J.)
This revision petition is filed by the judgment debtor aggrieved by the order, dated 04.03.2024, allowing E.A.No.219 of 2014 in E.P.No.35 of 2008 in O.S.No.572 of 2006 on the file of the Court of I Additional Civil Judge (Senior Division), Nellore, filed by the auction purchaser under Order XXI, rule 95 CPC to deliver the vacant possession of the petition schedule property.
2. Heard Sri K. Rajashekar, learned counsel for the petitioner/ judgment debtor and Sri N. Harinadh, learned counsel for the respondent/auction purchaser.
3. The facts, in brief, are as follows:
The suit in O.S.No.572 of 2006 was filed by the plaintiff, Raja Surendra Kumar, on the file of the Court of I Additional Senior Civil Judge, Nellore, for recovery of an amount of Rs.1,82,904/-. The suit was decreed on 24.09.2007 for an amount of Rs.1,82,904/- and thereafter, the DHr filed E.P.No.35 of 2008 for recovery of an amount of Rs.2,04,693/-. The property was sold to the petitioner in E.A.No.219 of 2014, for Rs.6,55,000/- in the auction held on 30.03.2009. The petitioner/JDr filed E.A.No.96 of 2009 to permit him to deposit the EP amount and consequently to set aside the sale held on 30.03
The limitation period for delivery of possession under Article 134 begins from the confirmation of sale, not the issuance of the sale certificate.
The main legal point established in the judgment is that the sale becomes absolute only after the final disposal of ancillary proceedings, and the one-year limitation period under Article 134 of the ....
The limitation for filing an application under Order XXI Rule 89 CPC is 60 days from the date of sale, and the stay period does not save the limitation.
The limitation for an auction purchaser to seek delivery of possession commences from the issuance of the sale certificate, and a separate suit for recovery of possession is barred under Section 47 o....
An auction purchaser who fails to take delivery within one year is barred from filing a fresh suit for possession under Section 47 CPC, but may file under Article 65 if based on title.
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
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