High Court for State of TelanganaCRP/2757/2016disposed of no costs

M/S Fullerton India Credit Company Ltd, v. Sri.D.Nagaraju,

2016-12-14Sanjay Kumar,M.S.K.Jaiswal2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR and THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CIVIL REVISION PETITION No.2757 of 2016 ORDER: (per SK, J) This Civil Revision Petition under Section 115 CPC arises out of the docket order dated 13.04.2016 passed by the learned II Additional District Judge, Ranga Reddy District at L.B. Nagar, in E.P.No.211 of 2015.

Despite personal service of notice being effected through substituted service vide publication in Indian Express English Newspaper and Andhra Jyothi Telugu Newspaper, the respondents did not choose to enter appearance before this Court. Perusal of the docket order under revision reflects that the Executing Court was of the opinion that the execution sale required to be stopped owing to collusion amongst the bidders. It appears that the E.P. schedule property was sought to be sold at an upset price of Rs.65.00 lakh. However, the value of the property as per the assessment of the F.A was fixed at Rs.85.00 lakh. The registration authorities valued it at Rs.51,52,600/-. As the Executing Court could not secure a proper bid commensurate with the value of the property and apprehended that there was

SK, J & MSKJ, J CRP.No.2757 of 2016 collusion amongst the bidders, the sale was stopped. The decree-holder, who is the petitioner in this Civil Revision Petition, states that the property may be put to sale at least now so that it can secure the benefits of the decree. As the proposed sale in April, 2016 was already stopped, it is for the Executing Court to take steps afresh for bringing the E.P. schedule property to sale. Keeping in mind the delay, owing to the pendency of this litigation, the Executing Court is directed to take steps expeditiously in this regard.

The Civil Revision Petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order. No order as to costs. ___________________ SANJAY KUMAR, J 14th DECEMBER, 2016.

_________________ M.S.K. JAISWAL, J kvni