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Showing posts with the label 2015 S.C.(2014) MSK Law Reports 1

Or.21, Rule 64,66 and Or.21, rule 90 of C.P.C -Even though a portion of the property is enough to satisfy the decree claim, No sale should be set aside due to dereliction, negligence & carelessness of Jdr, not only in contesting the case but also in complaining the orders of the Court - Exparte Decree - E.P.Claim Rs.3,55,732/- -Sale of agricultural land of Jdr -Sale Held- Auction purchaser paid sale price of Rs.13 lakhs and odd - Sale set aside by High court - Apex court granted time to pay auction purchaser a sum of Rs.15 lakhs and odd including compensation- Jdr failed to pay the same - Jdr failed to pay the E.P. claim also to the Dhr-2015 S.C.(2014) MSK Law Reports 1

The High Court  by  the  impugned judgment dated 13th December, 2013, allowed the petition and set  aside  the sale and directed the Executing Court to take appropriate  action  for  sale of the property in question in accordance with the provisions  of  Rules  64 and 66 of Order XXI of the CPC.   It was also directed that respondent  no.1 i.e. the petitioner before the High Court should deposit  the  amount  which had been paid to the decree holder i.e. the present  respondent  no.2.   The amount deposited by the auction purchaser was directed  to  be  refunded  to him by the executing Court and it was also directed that respondent  no.1  – the judgment debtor should  be  put  into  possession  of  the  property  in question.  Apex court held that    we are of  the  view that the judgment deli...