- (1.) Heard Shri B.B. Jauhari, learned counsel for the petitioner, Shri Ramendra Asthana and Shri Atul Srivastava, learned counsel for the respondents.
(2.) Petitioner herein, has filed a suit being O.S. No.6 of 1977 for recovery of dower of Rs.10,000/- and for maintenance of Rs.2000/- as also the pendente lite future maintenance allowance @ Rs.100/- per month. The said suit was decreed on 30.1.1980 and as the decree was not satisfied by the respondent no.2, the petitioner filed an execution application on 5.9.1980 bearing Execution Case No.13 of 1980. The decree was executed and the property was attached in the execution proceedings and auction was held on 4.2.1983. The petitioner also participated in the said auction sale with permission of the court concerned and as her bid was the highest, the same was accepted and the sale was confirmed in favour of the petitioner on 29.10.1983. A sale certificate was issued in favour of the petitioner on 25.2.1984. The bid of the petitioner was Rs.18,800/- and the decreetal amount was Rs.17534.80. The petitioner, after satisfaction of the decreetal amount, deposited the remaining amount of Rs.1213/- in the court concerned on 10.2.1983. In the interregnum, the respondent no.2/judgment debtor moved an application on 28.2.1983 for allowing him to deposit the decreetal amount. On 10.3.1983, he was permitted to deposit the amount of Rs.4500/- fixing 20.4.1983 as the next date, but the amount was not deposited by him, which, in fact, was not deposited till 4.7.1983, whereupon, the court ordered for proceeding with the execution case. Ultimately on 14.7.1983, the judgment debtor/respondent no.2 deposited Rs.4500/- but failed to deposit the remaining amount, consequently, on 29.10.1983 the auction sale was confirmed in favour of the petitioner. An application was filed by the petitioner decree holder on 15.3.1984 for delivering of possession which was handed over on 21.7.1984.
(3.) After several months of confirmation of the sale, an objection was filed by the respondent no.2 on 24.5.1984 allegedly under section 47 C.P.C. which was registered as Misc. Case No.53/84, Yaqoob Ali Khan vs. Nurul Saba. On 21.7.1984 the possession of the property in question is said to have been handed over to the petitioner. The above mentioned objections of the respondent no.2 were rejected by Civil Judge, Shahjahanpur on 15.1.1988 on the ground that the auction sale had already been confirmed on 29.10.1983 and the records had been consigned on 2.11.1983. The respondent no.2 did not challenge the said order. It is said and has also been observed in the impugned order passed by the revisional court that some order was passed under Order XXI Rule 90 C.P.C. which was challenged by a third party, namely, Bhagwan Devi by filing an appeal before the High Court which was dismissed on 18.7.1988.;