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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Narsing Rao Nandikonda
Bairi Kousalya – Appellant
Versus
Mohd. Abdullah – Respondent
ORDER :
Narsing Rao Nandikonda, J.
This Civil Revision Petition is filed by the petitioner (Judgment Debtors) under Section 151 of the Civil Procedure Code, 1908 (for short C.P.C) assailing the order dated 05.09.2012 in E.A.No.81 of 2012 in E.P.No.41 of 2009 passed by the Senior Civil Judge, Siddipet, District Medak, (for short, ‘the impugned order’)
2. Vide the impugned order, the petition filed by the respondent No.1/auction purchaser under Section 151 of C.P.C was allowed by the trial court directing the judgment debtor to pay an amount of Rs.2,70,000/- to the auction purchaser i.e., the petitioner therein to set aside the auction conducted on 27.12.2012 in respect of the schedule A property, failing which, the petitioner therein was permitted to deposit balance 75% of the sale amount to get sale dated 24.07.2012 to confirm.
3. The brief facts of the case are, the respondent No.2 being the decree holder filed an execution petition vide E.P.No.41 of 2009 seeking sale of immovable properties i.e., schedule A & B properties. Schedule-A(1) property consists of three bits i.e., land in Sy.No.282/E, extent Ac.1-07 ½ guntas, Sy.No.283/A, extent Ac.0-08 guntas, Sy.No.284/Aa, extent Ac.0-07
An auction purchaser cannot claim ownership or additional payments until the auction sale is confirmed, and the 5% penalty only applies to actual amounts deposited as per CPC provisions.
Strict compliance with CPC provisions is mandatory; court delays can justify extensions for deposit payment.
The court ruled that failure to deposit the mandatory 25% bid amount in a court auction renders the sale void, necessitating a resale, and coercive measures against the auction purchaser are not perm....
![Sadachi [died] vs P.C. Mariappan [died] - 2024 Supreme(Mad) 2528](https://supremetoday-s3.b-cdn.net/Madras_1.png)
The sale of property in execution of a decree must comply with procedural rules, only necessitating sufficient property to satisfy the decree amount, failing which the sale is invalid.
![Sadachi [died] vs P.C. Mariappan [died] - 2024 Supreme(Mad) 2531](https://supremetoday-s3.b-cdn.net/Madras_2.png)
Execution sales must adhere to the limitations set by procedural rules to ensure justice, with only sufficient property sold to satisfy the decree amount.
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