THE HON’BLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION NO.4797 OF 2017

ORDER:

This civil revision petition is filed by the auction purchaser against the order dated 11.07.2017 passed in E.P.No.77 of 2003 in O.S.No.174 of 2001 by the Senior Civil Judge, Khammam.

2. Pending disposal of the petition, one K. Venkateswarlu had filed E.A. No. 445/2003 under Order 21 Rule 58 of Code of Civil Procedure (for short ‘CPC’), but the said petition was not pressed and was accordingly dismissed. Thereafter, the Auction Purchaser sought restoration of E.A. No. 445/2003 and E.A. No. 448/2003, but the trial Court, by order dated 17.04.2017, refused such request and dismissed the same. The counsel for the decree holder, judgment debtor, and claim petitioner all prayed for dismissal of the said petition, while only the counsel for the Auction Purchaser insisted on its continuation. On perusal of the record, it appeared that the Auction Purchaser, K.Venkata Reddy, had participated in the auction held on 22.09.2003 and was declared the highest bidder for Rs.9,65,000/-. He had deposited one-fourth of the sale price on the date of auction but failed to pay the remaining three-fourths within fifteen day