HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL REVISION PETITION No.1798 of 2022
Kummita Obulu, S/o Kondaiah, aged about 75 years, Hindu,
Agriculture, Timmareddypalem Village, Lingasamudram
Mandal, Prakasam District, A.P.
... Petitioner
Versus
Gorrepati Vijaya Bhasakara Reddy, S/o Koti Reddy, Hindu, aged
about 39 years, Cultivation, R/o Vakamallavaripalem Village,
Lingasamudram Mandal, Prakasam District and another.
... Respondents
Counsel for the petitioner : Sri A. Radha Krishnan
Counsel for respondent No.1 : Sri Chinta Naga Sumanth
ORDER:
Auction Purchaser filed the above civil revision petition under Section 115 of C.P.C. against docket order, dated 06.05.2022 passed in E.P.No.50 of 2014 in O.S.No.23 of 2008 on the file of learned Senior Civil Judge, Kandukur, Prakasam District.
2. Pursuant to the decree passed in O.S.No.23 of 2008, the property of respondent No.2/judgment debtor was put to sale. Petitioner was emerged as successful auction purchaser. As per docket proceedings placed before this Court, auction was conducted on 17.12.2021. Petitioner/auction purchaser paid 2 the amount and auction was confirmed on 02.05.2022 and the matter was adjourned to 06.05.2022 for issuance of sale certificate. On 06.05.2022, the following orders were passed.
"Perused the note the auction purchaser did not pay the stamp duty on the bid amount for issue of sale certificate within the time prescribed U/Sec.85 of CPC. Hence, sale is vitiated for hearing call on 13.06.2022."
Aggrieved by the above order, the present revision is filed.
3. Heard Sri A. Radha Krishna, learned counsel for the petitioner.
4. Learned counsel for the petitioner would contend that after confirmation of sale, executing Court, by virtue of docket endorsement, held that sale is vitiated. No application was filed by J.Dr. Learned counsel would contend that the executing Court made up its mind and without giving an opportunity to the petitioner/auction purchaser passed the order and hence the same is liable to be set aside.
5. A perusal of the docket proceedings would indicate that auction purchaser paid the amount and the sale was confirmed on 02.05.2022. However, on 06.05.2022, the proceeding was recorded that stamp duty was not paid and hence, the sale is vitiated.
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6. Infact the executing Court adjourned the matter to 13.06.2022 for hearing. Therefore, the auction purchaser is at liberty to advance arguments before the executing Court and upon advancement of arguments, the executing Court shall consider the facts of the case and pass reasoned order.
7. With the above direction, this civil revision petition is disposed of. No costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
__________________________ SUBBA REDDY SATTI, J Date : 30.11.2022 ikn 4 HON'BLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION No.1798 of 2022 Date: 30.11.2022 ikn