Case Note & Summary
The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (Ex.No.181/1998), the decree holder purchased the judgment debtor's property in a court auction. The sale was confirmed by the executing court. Thereafter, the decree holder filed I.A.No.15 under Order 21 Rule 95 read with Section 151 CPC seeking delivery of possession of the purchased property. The executing court dismissed the application by order dated 08.06.2010. Aggrieved, the decree holder filed this civil revision petition under Section 115 CPC. The High Court heard arguments from both sides. The court noted that once a court sale is confirmed, the purchaser is entitled to delivery of possession under Order 21 Rule 95 CPC. The executing court had no discretion to refuse such relief. The High Court allowed the revision petition, set aside the order of the executing court, and directed the executing court to deliver possession of the property to the decree holder. The court did not discuss any limitation issue or other procedural bars.
Headnote
A) Civil Procedure Code - Execution - Delivery of Possession - Order 21 Rule 95 read with Section 151 CPC - Decree holder purchased property in court auction and sale was confirmed - Executing court dismissed application for delivery of possession - Held that once sale is confirmed, the purchaser is entitled to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot refuse such relief (Paras 1-3).
Issue of Consideration
Whether the decree holder is entitled to delivery of possession of the property purchased at a court auction under Order 21 Rule 95 CPC after the sale has been confirmed, and whether the executing court erred in dismissing the application for delivery of possession.
Final Decision
The civil revision petition is allowed. The order dated 08.06.2010 passed on I.A.No.15 in Ex.No.181/1998 by the I Addl. Senior Civil Judge & CJM, Shimoga is set aside. The executing court is directed to deliver possession of the schedule property to the decree holder.
Law Points
- Order 21 Rule 95 CPC
- Section 151 CPC
- Section 115 CPC
- delivery of possession
- court sale
- confirmation of sale
- limitation for delivery of possession
