Gautam Ostwal v. Margadarsi Chit Fund Ltd.,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION NO. 943 OF 2015 ORDER:

The petitioner herein is an auction purchases pursuant to an auction held in E.P.No. 8 of 2008 in O.S.No. 55 of 2000. The first respondent herein is the decree holder and the second respondent herein is the judgment debtor. The petitioner was declared as highest bidder in the auction held on 9.8.2012 and he deposited an amount of Rs. 20,50,000/- on the same day and thereafter, on 21.8.2012 an amount of Rs. 61,50,000/- was deposited along with an amount of Rs. 4,10,000/- towards sale certificate. When the sale was not confirmed, the petitioner filed an application seeking confirmation of the sale. The said application was returned and was re-submitted without giving any number to the said application and it was being adjourned from time to time. When the said application was not disposed of, the present Civil Revision Petition is filed.

The learned counsel for judgment debtor submitted that an amount of Rs. 29,95,000/- was paid to the decree holder/first respondent.

In the facts and circumstances of the case, this Civil Revision Petition is disposed of without going into the merits of the case directing the executing Court to consider the application filed by the petitioner along with pending applications, if any, and dispose of the same in accordance with law, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

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A. RAMALINGESWARA RAO, J Date: 16.11.2015 KA