High CourtsSingle Bench(1988) 06 KAR CK 0074

Venkateswara Oil Mills vs Syndicate Bank

Karnataka High Court · Decided on 13 June 1988 · Citation: AIR 1989 Kar 225 : (1989) 1 KarLJ 31

HON’BLE JUDGES
M.P. Chandrakantaraj URS, J
CASE NUMBER
Civil Revision Petition No. 5347 of 1987

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Judgment

7 paragraphs · 274 words
1.

This matter coming up for orders on I.A.II, the same is disposed of by the following order, after hearing the Counsel for the petitioners.

2.

This is a judgment-debtors'' revision and is'' directed against the order of the Executing Court in Execution Petition No. 2/78 on the file of the Civil Judge and J.M.F.C., Koppal, Raichur District. The judgment-debtors admittedly are due in some amount to the decree-holder. The immovable properties were brought to sale in public auction in execution of the decree. The auction purchaser made an application praying for permission to deposit the balance of the sale price under the receipt order make the deposit. At that time the judgment-debtors filed objections and that was posted for arguments.

3.

At that stage, this revision petition has been filed and stay of confirmation of sale has been obtained.

4.

If the decree is not fully satisfied, the decree-holder is entitled to bring the other properties of the judgment-debtors to sale in execution of the decree for satisfying the balance amount due. The auction purchaser similarly has a right to seek permission to deposit the entire sale price. The Court sales are not an empty formality. The objections, if any, regarding confirmation of sale, the ''judgment-debtors must address argument before the Executing Court and allow it to pass orders and not obtain interim stay as in the present revision petition on compassionate grounds.

5.

The revision is not maintainable and it is rejected. The judgment-debtors to submit their arguments in the Executing Court, in regard to merits of I.A.II. and also in regard to the confirmation of sale.

Order accordingly.

6.

Revision dismissed.