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SREENIVAS HARISH KUMAR, J. M. KHAZI
Nayamat Ali Khan, S/o. Sri Lathif Khan – Appellant
Versus
M. Sadananda, S/o. Late Sri M. L. Mariswamy – Respondent
JUDGMENT :
Sreenivas Harish Kumar, J.
The question to be answered in these appeals is whether purchasers from auction purchaser can make an application under Order 21 Rule 95 CPC for obtaining possession of the properties which are in occupancy of the respondents in these appeals.
2. If the facts leading to these two appeals are traced, they are:
O.S.No.73/1969 was a suit for partition instituted in the court of Principal Civil Judge, Mysuru, by Gowramma and others against T.G.Harinath and others. Preliminary decree was passed on 30.06.1980 declaring the extent of shares of the parties to the suit. In the final decree proceeding i.e., FDP No.3/1982, as it was found that one of the subject matters of the suit i.e., Upadhyaya Building was not feasible for division by metes and bounds since 29 shares were to be carved out, the parties agreed for sale of the said building and to share the sale proceeds. Thereafter auction was held and the bid of one Sri Siraj Ahmed for Rs.4,52,00,000/- was accepted. The sale was confirmed on 21.02.2014 and sale certificate was issued to the purchaser on 19.03.2014. Upadhyaya building consisted of a number of shops. The auction purchaser sold portions of th
Auction purchasers can seek possession under Order 21 Rule 95 CPC, as they inherit the rights of the original auction purchaser, emphasizing the legal right to possession as integral to property sale....
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
The main legal point established in the judgment is the interpretation of the provisions of Order 21 Rule 58 and Order 21 Rule 97 of CPC, emphasizing the maintainability of a claim petition after com....
Unlike a stranger purchaser in a public auction, a co-sharer himself has a pre-existing right in suit schedule property. parties are given an option to go for auction to see that intrinsic value of s....
The burden of proving property as joint family lies with the party asserting it, and executing courts must allow opportunity for evidence in objections regarding property ownership during execution p....
A third party claiming under a judgment debtor cannot file an application under Order XXI Rule 97; they must file under Rule 99 instead.
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