KHARAITI LAL versus RAMINDER KAUR AND ORS.

KHARAITI LAL versus RAMINDER KAUR AND ORS.

Deposits made under Order 34 Rule 5 CPC during the pendency of an appeal against confirmation of an auction sale are valid, as confirmation of sale is not final until the appeal is disposed.

Parties
Appellant: Kharaiti Lal; Respondents: Raminder Kaur and Ors.
Jurisdiction
India
Judgment Date
15 March 2000
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals allowed
Legal Topics
Confirmation of Sale, Foreclosure, Auction Sale, Deposits During Appeal
Civil Procedure Mortgage Law Confirmation of Sale Foreclosure Auction Sale Deposits During Appeal

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Parties

Kharaiti Lal

Appellant

Raminder Kaur and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether deposit under Order 34 Rule 5 CPC can be made during appeal against confirmation of sale
  2. 2 When is a sale under mortgage decree considered confirmed for purposes of Order 34 Rule 5 CPC

Ratio Decidendi

Deposits made under Order 34 Rule 5 CPC during the pendency of an appeal against confirmation of an auction sale are valid, as confirmation of sale is not final until the appeal is disposed.

Court Disposition

Appeals allowed

Orders

  • Judgment dated July 2, 1998 of Division Bench set aside
  • Judgment dated August 30, 1985 of Single Judge restored