Case Note & Summary
The case involved a civil dispute concerning the sale of a property valued at Rs. 51,72,741/-. The petitioners, represented by Mr. Meghnad Dutta and Mr. S. Prasad, sought the court's intervention regarding the sale process. The court reviewed a valuation report submitted by the learned Registrar, Original Side, which was prepared as per a previous order dated 2nd December, 2024. The valuation confirmed the property's worth, leading the court to direct the learned Special Officer to publish the sale notice, specifying a reserve price of Rs. 51,72,741/- and an earnest money requirement of Rs. 5 lacs. The court scheduled a follow-up for four weeks later to ensure compliance and review the Special Officer's report. The decision underscored the importance of adhering to procedural requirements in property sales under civil jurisdiction.
Headnote
A) Civil Procedure - Property Sale - Valuation and Sale Order - Code of Civil Procedure, 1908 - The court directed the sale of property valued at Rs. 51,72,741/- with specific terms for publication and earnest money. The learned Special Officer was tasked with ensuring compliance with the sale order and reporting back to the court (Paras 1-2).
Issue of Consideration
Whether the property should be sold based on the valuation report and the terms set forth.
Final Decision
The court directed the learned Special Officer to publish the sale of the property valued at Rs. 51,72,741/- with an earnest money requirement of Rs. 5 lacs and to report back on the returnable date.
Law Points
- Civil procedure
- property valuation
- sale of property
- publication for sale
- earnest money
