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2012 Supreme(Raj) 1846

PRASHANT KUMAR AGARWAL
Narendra Kumar Goswami : Rajasthan Financial Corporation – Appellant
Versus
Rajasthan Financial Corporation – Respondent


For the Petitioner:Mr. Mahesh Sharma, Narendra Kumar Goswami. Mr. R.D. Rastogi Mr. N.S. Chauhan, Advocates.
For the Non-Petitioner:Mr. Suresh Sahni Mr. R.M. Sharma, Advocates.

JUDGMENT

1. - The petitioners have preferred these two separate revision petitions under Section 115 of the Code of Civil Procedure against the same impugned order dated 3.8.2006 passed by the Additional District Judge No.4, Kota in Execution Case No.10/2003 whereby the learned Court below confirmed the auction sale dated 20.2.2006 and also ordered that sale-certificate under Order 21 Rule 94 Civil Procedure Code may be issued. As both the revision petitions have been preferred against the same impugned order with the consent of learned counsel for the parties the same were heard together and are being decided by this common order. It is pertinent to note that the petitioner-Rajasthan Financial Corporation initially filed writ petition against the impugned order but vide order dated 6.7.2012 with the consent of learned counsel for the parties the same was converted into and treated as civil revision petition.

2. Brief relevant facts for the disposal of these petitions may be stated as below:-

(i) The petitioner-Rajasthan Financial Corporation (hereinafter to be referred as decree-holder) filed a civil misc. case No.19/96 under Section 31 of the State Financial Corporation Act against




























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