The execution court must re-evaluate property upset prices to reflect current market conditions, especially if no bidders are willing to participate.

ORDER:

This revision petition is filed under Section 115 of C.P.C. against the order dated 18.02.2025 in E.P.No.43 of 2020 in O.S.No.76 of 2018 on the file of the Court of Principal Senior Civil Judge, Nandyal, which reads as below:

“Publication filed. As per office note publication is found correct. J.Dr is called absent. Claimant and his counsels are present. D.Hr and 7 other bidders have appeared before court. D.Hr filed petition seeking permission to participate in public auction for sale of EP schedule property u/or. 21, R.67, 72(1) and section 151 of CPC and same is allowed as per docket order in EA.No.43/2025. Permission is granted to the D.Hr to participate in auction. Auction started to conduct in open court. Total 7 bidders including D.Hr namely 1)P.Srinivasulu, 2)M.Kamal Basha, 3)M.Khadar Basha, 4)Srinivasa Dathatriya, 5)Katakam Sham Prasad, 6)C.Jagadeesh Kumar, 7)S.Govinda Rajulu and 8)V.Shashi Kumar / D.Hr have attended for auction in open Court. On perusing the valuation certificate and considering the nature of the property, this court fixed the upset price of the EP house schedule property bearing No.28-851-M6 as Rs.45 lakhs because with in Nandyal town, the E.P schedule house property is situated. Now, Nandyal town is District Head- Quarter and the value of the property is raised very highly. It is reported before court that in E.P schedule property, one house and two-shops were existed. So, when a house, two shops were existed in EP schedule property within Nandyal town, this court fixed above upset price. Whereas, the D.Hr valued the EP house schedule property as Rs.10,00,000/-. The court Amena fixed the marked (sic market) value of the EP schedule property as Rs.12,00,000/- (fixed in the year 2018). SRO of Nandyal issued valuation certificate on 21-08- 2023 as Rs.3,66,912/-. The attachment effected on 23-04- 2018. So, considering the same, this court feels that Rs.45,00,000/-is reasonable price in selling the EP schedule house property. But the learned counsel for the D.Hr reported that this court fixed the market value of the schedule property highly and it is difficult to the bidders to participate in auction. But the court has to consider total circumstances of the case, nature of property and its location in fixing the upset price. So, the upset price fixed by this court is justifiable, whereas the submission of learned counsel for D.Hr is not justifiable for the reasons stated above. D.Hr and all bidders who attended for auction are reported that they are not ready to continue to participate in the auction. Hence, auction is postponed / dropped and the matter is posted for hearing, call on

25.02.2025.”

2. The learned counsel for the petitioner submitted that no bidder came forward to offer price to purchase the property at the rate fixed by the execution Court, but the execution Court had not reduced the upset price in spite of the request made by the D.Hr and passed the impugned order dated 18.02.2025 and adjourned the proceedings. He further submitted that fresh publication of notice for sale has not been ordered so far.

3. The execution Court can re-fix the upset price taking into consideration the fact that no bidder came forward to purchase the property at the upset price fixed by it and the property was not re-

auctioned since after the matter was adjourned to 25.02.2025.

4. In view of the above, the civil revision petition is disposed of directing the execution Court to re-fix appropriate amount as upset price for conducting auction for the sale of property, after hearing the D.Hr and J.Dr, if comes forward with any amount as value of the property for which it can be sold.

There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.