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Annapurna v. Mallikarjun

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4469 of 2014)Decided 11 Apr 2014
Civil Appeal No. 4469 of 2014
Justice Anil R. Dave · Justice Shiva Kirti Singh

Background

Annapurna bought a house at a court auction in execution of a decree. The debtor applied to set aside the sale but did not make the deposit required for that particular remedy within the prescribed period. The High Court nevertheless allowed reconsideration after a later deposit, and the purchaser appealed.

Decision Breakdown

The Supreme Court allowed the purchaser's appeal and set aside the High Court's remand. For an application under Order XXI Rule 89, the required deposit had to be made within the same sixty-day period as the application to set aside the sale. Without a timely deposit, the executing court had to reject that application, so reconsidering it would serve no purpose. The debtor was ordered to pay the purchaser ₹10,000 in costs.

Lesson Learnt

Filing a request to undo a court auction is insufficient when the chosen remedy also requires a deposit by a deadline. A later payment cannot replace compliance with that condition.

Official source (sci.gov.in)View Judgment (PDF)

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