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1988 DIGILAW 210 (KAR)

VENKATESWARA OIL MILLS v. SYNDICATE BANK

1988-06-13

M.P.CHANDRAKANTARAJ

body1988
CHANDRAKANTHARAJ, J. ( 1 ) THIS matter coming up for orders on ia. 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 to 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 arguments 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 IA. II and also in regard to the confirmation of sale. Order accordingly. Petition dismissed. --- *** --- .