B K Sukumar vs V Yugandhar
2024 Latest Caselaw 994 AP

Andhra Pradesh High Court - Amravati

B K Sukumar vs V Yugandhar on 6 February, 2024

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                          MAIN CASE No.C.R.P.No.207 of 2024
                                        PROCEEDING SHEET

Sl.No        DATE                                                                      Office
                                                   ORDER

Note

03. 06.02.2024 RRR, J

Notice before admission.

The learned counsel for the petitioner is permitted to take out personal notice to the respondents by RPAD and file proof of service by the next date of hearing.

The petitioner who is an auction purchaser is said to have deposited the auction amount within the specified time. However, the petitioner had failed to deposit the same required for executing the registering deed of sale. The Executing Court had cancelled the earlier sale and initiated steps for conducting the fresh auction on 08.02.2024.

Smt. Y. Maha Lakshmi, learned counsel appearing for the petitioner relies upon the Judgment of the Madras High Court in the case of Smt. C. Muthammal & Ors Vs. R. Kannan & Ors in C.R.P.(MD) No.836 & C.M.P. No.3686 of 2018 dated 11.08.2023, which following the Judgment of erstwhile High Court of Andhra Pradesh in the case of G. Venkata Reddy Vs. B. Venkata Reddy & ors1 to

2010(5) ALD 821 & 2010(6) ALT 135

contend that non-payment of the stamp is not a material irregularity which vitiates the sale itself.

In the circumstances, there shall be a stay of all further proceedings in E.P.No.6 of 2016 in O.S.No.291 of 2007 on the file of the Principal Senior Civil Judge, Chittoor District, including the auction to be held on 08.02.2024, till further orders.

Post on 15.03.2024.

________ RRR, J Note:-

Issue C.C. today, B/o.

BSM/MJA.