Kummita Obulu vs Gorrepati Vijaya Bhaskara Reddy
2022 Latest Caselaw 9197 AP

           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

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.

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

HON'BLE SRI JUSTICE SUBBA REDDY SATTI

CIVIL REVISION PETITION No.1798 of 2022

Date: 30.11.2022

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