Telangana High Court
CRP/6416/2012 of A.Natarajan Vs M.Ponnambalam on 28 December 2012
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWELVE PRESENT THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.6416 of 2012 Between: A.Natarajan ..... PETITIONER And M.Ponnambalam and four others .....RESPONDENTS
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
FRIDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND TWELVE
PRESENT
THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO
CIVIL REVISION PETITION No.6416 of 2012
Between:A.Natarajan
And
..... PETITIONER
M.Ponnambalam and four others
.....RESPONDENTS
The Court made the following:
THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAOCIVIL REVISION PETITION No.6416 of 2012
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ORDER:
The Civil Revision Petition is filed against the order dated17.08.2012 in E.P.No.15 of 2010 in O.S.No.113 of 2001 on the file ofPrincipal Senior Civil Judge, Chittoor.
The property was attached, and 1/3[rd] of the attached propertywhich was subjected to mortgage to P.A.C.S., and State Bank of Indiawas auctioned on 17.08.2012 and the auction purchaser was oneT.Prasad Babu, who filed E.A.No.282 of 2012 and the auction wasknocked down in his favour for Rs.1,48,000/-. The order of the Courtbelow shows that 1/4[th] of the sale amount is to be deposited on thedate of sale and out of the balance of 3/4[th] amount, the Court belowdirected the auction purchaser to pay the entire amount due to theP.A.C.S., Chandrasekharapuram and S.B.I., Bangarupalem, andbalance, if any, shall be deposited in the Court along with receipts and“No Due Certificates”.
Evidently, the realization of the debt due to the P.A.C.S. andS.B.I., can only be made from the respective creditors and the auctionpurchaser has to deposit only Rs.1,48,000/- into the Court. Direction tothe auction purchaser to discharge the dues to P.A.C.S.,Chandrasekhharapuram and State Bank of India, Bangarupalemappears to be improper.
Therefore, the matter is remanded to the Court below and theCourt below shall pass a reasoned order in the E.P. and also dispose of the E.A.No.282/2012 filed by the auction purchaser, in accordancewith law, after hearing the auction purchaser as well as the decree-holder. Accordingly, the directions given on 17.08.2012 are set aside. Accordingly Civil Revision Petition is disposed of. CRPMP.No.8563/2012 shall stand dismissed in consequence. No order asto costs.
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N.R.L.NAGESWARA RAO,J
Dated: 28.12.2012Dsr/vsv