- (1.) The present revision petition has been filed under Article 227 of the Constitution of India read with Sections 115 and 151 of the Code of Civil Procedure for setting aside order dated 24.12.2007, Annexure P4 and subsequent order dated 8.6.2009, Annexure P7, passed by learned trial Court in execution proceedings.
(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned orders passed by learned trial Court.
(3.) Facts relevant for the decision of present revision petition are that a suit for recovery was filed by present petitioner-plaintiff-bank against respondents, which was decreed with costs for Rs. 3,96,330/- alongwith interest @ 15.5% with quarterly rests from the date of filing of the suit till realization of the amount vide judgment and decree dated 25.4.1997, passed by learned trial Court, Annexure P1. Since defendants failed to pay decretal amount, execution petition was filed by petitioner-bank. On the application of petitioner-decree-holder, property belonging to the judgment debtor was attached and auctioned. Smt. Madhu Khemka and Smt. Manisha Khemka were the highest bidders of the said property and hence they purchased the same in the auction. They also deposited Rs. 3,90,500/- as per order of the Court. Auction was confirmed by the Court on 22.11.2002 in favour of the highest bidders. Pursuant to the said sale confirmation, sale certificate dated 5.12.2002 was also issued in favour of the highest bidders declaring them owners of the suit property. An application was moved by them for taking possession of the property, which was purchased by them in Court auction. Objections were filed by Madan Lal Sharma, husband of respondent No. 2-judgment debtor. He took the plea that he is owner in possession of the 1/2 share of the property which was auctioned, i.e., House No. 1302/11-30, which was purchased by him, vide registered sale deed dated 212.1975 in the year 1975 and since then he is in possession to the extent of his share in the property. His objection was accepted by learned Executing Court vide impugned order dated 24.12.2007, Annexure P4, and it was ordered that auction purchasers are legally entitled to get possession of the half share of the property, which was auctioned and that half of the property shall remain in custody of Madan Lal Sharma-objector. It was also ordered that regarding excess amount paid by auction purchasers, the said amount to the extent of Rs. 1,80,250/- shall be refunded by the decree-holder-bank alongwith interest @ 12% to the auction purchasers from the date of deposit of such excess amount till making the payment to the auction purchasers.;