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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Nyapathy Vijay
Sheik Babyjan – Appellant
Versus
Mutyala Veera Raghavulu – Respondent
ORDER :
Nyapathy Vijay, J.
The present Civil Revision Petition is filed questioning the Order dated 22.10.2013 in E.A.No.526 of 2013 in E.P.No.123 of 2011 in O.S.No.753 of 2000 passed by the I Additional Junior Civil Judge, Tanuku, West Godavari.
2. As the Respondent No.1 became the highest bidder in an auction conducted by the trial Court on 12.08.2013 for a sum of Rs.3,90,000/-, he deposited 1/4th of the bid amount on the date of sale i.e., Rs.97,500/- and the balance amount could not be deposited within 15 days time frame due to strike by the Treasury employees in support of Samaikyandhra Andhra Agitation. Therefore, the respondent No.1 filed an application seeking for extension of time on 26.08.2013 stating that though he had obtained challan from the Court, the bank was not accepting the payment under the challan due to non allocation of the number by the treasury.
3. It was in that context, the petitioner for the reasons beyond his control could not deposit the amount within 15 days period and therefore, he sought for extension of time for deposit of the same.
4. The Executing Court after issuing notices to the Decree Holder as well as to the Judgment Debtors, passed impugned Orde
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.
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.
Point of Law : Section 28 of Specific Relief Act 1963 says “such further period as Court may allow” thereby empowering Courts to extend period for deposit of amount specified - However, there cannot ....
Compliance with decree terms is crucial; failure results in automatic dismissal.
Courts possess discretion under CPC and the Specific Relief Act to extend deadlines for contract performance, reflecting on claimants' willingness and circumstances surrounding payment delays.
The main legal point established in the judgment is that a vigilant claimant is expected to be aware of policy changes and pursue claims promptly, and failure to avail the benefit of extended time gr....
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