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NYAPATHY VIJAY
Kurmadasu Apparao – Appellant
Versus
Ganapathi Ammarajamma (Died) – Respondent
| Table of Content |
|---|
| 1. facts of the civil revision petition. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. application for review of auction sale. (Para 7 , 8) |
| 3. parties' arguments regarding the sale process. (Para 9 , 10 , 11 , 12) |
| 4. court's analysis on minor errors and legal principles. (Para 13 , 14) |
| 5. court's decision and order in favor of the petitioner. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
1. The present civil revision petition was originally filed questioning the order dated 21.04.2022 passed in IA No.175 of 2022 in IA No.588 of 2014 in IA No.661 of 1994 in OS No.252 of 1986 by the II Additional Senior Civil Judge, Visakhapatnam. Subsequently, the prayer was amended pursuant to the order dated 05.12.2022 passed in IA No.1 of 2024 passed by this Court and the challenge was restricted to intermediary order dated 16.07.2021 passed by the Trial Court in IA No.588 of 2014.
2. The respondent Nos.1 to 6 herein are the plaintiffs in the suit and respondent No.7 was the sole defendant.
3. The brief facts of the case are as follows :
The suit OS No.252 of 1986 was filed for partition of the suit schedule properties. The said suit was decreed. As the Item No.1 of the suit schedule properties could not be divid
The court ruled that minor procedural errors, such as delayed deposit of non-judicial stamps, should not invalidate an auction sale, especially when substantial compliance is evident.
The failure to submit the required stamp duty within the stipulated time does not invalidate a court sale, as the title to the property vests in the auction purchaser upon confirmation of the sale, a....
An auction purchaser cannot claim ownership or additional payments until the auction sale is confirmed, and the 5% penalty only applies to actual amounts deposited as per CPC provisions.
Strict compliance with CPC provisions is mandatory; court delays can justify extensions for deposit payment.
The trial Court has jurisdiction to extend the time for deposit under Order 21 Rule 85 of the Code of Civil Procedure, provided the delay is due to circumstances beyond the auction purchaser's contro....
The mandatory provisions of CPC regarding auction sales do not allow for extension of time to deposit the remaining purchase money, but the court may return the deposit after deducting expenses.
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