SRI R RAGHU versus SRI G M KRISHNA & ANR.

SRI R RAGHU versus SRI G M KRISHNA & ANR.

The Supreme Court affirmed the High Court's confirmation of the auction sale and sale certificate in favour of the appellant, upheld the direction that the appellant is to pay an additional Rs.25,00,000 per acre to the respondent (having regard to the appellant's conduct and dual role), and endorsed the direction for the District Court to conduct a survey and fix boundaries for the auctioned property (the purchaser is only entitled to the area specifically purchased).

Parties
Appellant: Sri R Raghu; Respondents: Sri G M Krishna & Karnataka State Financial Corporation
Jurisdiction
India
Judgment Date
25 August 2025
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court on Appeals Arising From High Court Order Dated 17.08.2023
Outcome
Both civil appeals dismissed; contempt proceedings closed.
Legal Topics
Borrowed Money, Defaults in Payments, Recovery Proceedings, Execution Petition, Auction Sale, Sale Certificate, Participation in Auction as Trustee, Measurement of Land, Rectification of Boundaries, Additional Sale Consideration

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Parties

Sri R Raghu

Appellant

Sri G M Krishna & Karnataka State Financial Corporation

Respondents

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court on Appeals Arising From High Court Order Dated 17.08.2023

  1. 1 Whether the court auction and subsequent sale certificate in respect of Sy.No.67 were vitiated by fraud/misrepresentation by the auction purchaser acting as Trustee of a Trust prohibited from holding agricultural land under the Karnataka Land Reforms Act, 1961
  2. 2 Whether the purchaser is entitled to possession of more land than the specific area sold at auction and described in the sale certificate
  3. 3 Whether the High Court was justified in directing additional payment of Rs.25,00,000 per acre to the respondent as additional sale consideration in view of the conduct of the auction purchaser

Ratio Decidendi

The Supreme Court affirmed the High Court's confirmation of the auction sale and sale certificate in favour of the appellant, upheld the direction that the appellant is to pay an additional Rs.25,00,000 per acre to the respondent (having regard to the appellant's conduct and dual role), and endorsed the direction for the District Court to conduct a survey and fix boundaries for the auctioned property (the purchaser is only entitled to the area specifically purchased).

Court Disposition

Both civil appeals dismissed; contempt proceedings closed.

Orders

  • Both civil appeals are dismissed.
  • Contempt Petition No.657 of 2024 is closed.