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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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 Whether the purchaser is entitled to possession of more land than the specific area sold at auction and described in the sale certificate
- 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.
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