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LISA GILL
Pawan Kumar – Appellant
Versus
Pankaj Sharma – Respondent
JUDGMENT
Lisa Gill, J. - This revision petition has been filed for setting aside order dated 16.10.2018, passed by the learned Civil Judge (Junior Division), Ludhiana, vide which application filed under Order 21 Rule 89 CPC by judgment debtor no.4 namely Pankaj Sharma, arrayed as respondent no.1 in this revision petition, has been allowed for setting aside the sale conducted on 14.05.2018.
2. Brief facts necessary for adjudication of the case are that, the petitioner No.1-Pawan Kumar and petitioner No.2-Surinder Kumar as well as respondent No.5-Darshana Devi, children of Ram Dev son of Shri Ami Chand, filed a suit for partition of the property in question, as detailed in the plaint including four shops and a house situated at its back by metes and bounds for 1/4th share of the plaintiffs and also sought the accounts of 1/4th share of the plaintiffs and arrears of rent for three shops from 04.04.2006. Suit was decreed and preliminary decree was passed on 05.05.2011 by the learned Civil Judge (Junior Division), Ludhiana. An application for passing of the final decree was filed, which was allowed by the learned Civil Judge (Junior Division), Ludhiana, vide judgment and decree dated 05.0
The final opportunity for the judgment debtor to save the property by setting aside the sale before confirmation under Order 21 Rule 89 CPC.
The main legal point established in the judgment is that an application under Order 21 Rule 89 CPC can be filed with the consent of the judgment debtor's related party and the required amount must be....
In partition disputes, co-owners can forego monetary claims for shared occupancy, aligning with equitable principles tailored to family dynamics.
The Court held that the objections raised by Defendant No.1 were not tenable and allowed the revision petition in favor of the Plaintiff and Defendant Nos. 2, 3 & 4. The Court found that the objectio....
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 court confirmed that applications for setting aside auction sales must be filed within 60 days as per statutory requirements, and reasons for delays must be strictly justified to be considered.
Auction sale of property – Non-compliance of mandatory provisions can vitiate auction sale of property.
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