Kurmadasu Apparao vs Ganapathi Ammarajamma (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 1481

NYAPATHY VIJAY
Kurmadasu Apparao – Appellant
Versus
Ganapathi Ammarajamma (Died) – Respondent

Advocates:
Advocate Appeared:
For the Appellant : G. Ram Gopal assisted by S. Bala Mohan Rao
For the Respondent: Eluru Sesha Mahesh Babu

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 divided, the Trial Court conducted an auction for the same on 18.02.2020. The petitioner participated in the auction and became the highest bidder for an amount of Rs.50,95,000/-.

4. The petitioner immediately paid Rs.12,73,750/- towards 1/4th of the total bid amount on 19.02.2020 after obtaining permission from the Trial Court i.e., Rs.11,20,855/- towards sale considera

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