Private Sale of Property by J.Dr to raise the amount

Private Sale of Property by J.Dr to raise the amount Order 21 Rule 83 and its proviso In case of mortgaged and charged property, the provision is not applicable. Appendix –E, Form No.35 C.P.C. Adjournment of Sale Order 21 Rule 69 Time of Sale Proclamation must be 15 days prior to the date of sale in case of immovable property and 7 days in case of movable property. With the written consent of the J.Dr, the sale can be on earlier date under order 21 Rule 68. Somisetti Ganga Raju -Vs- Dr. Ramalingam (AIR 2007 AP 198) Proclamation not containing valuation of either party but only decree amount , such proclamation is not valid. Normal steps for sale are: Proclaim and sale call on 01-05-2009 Proclamation of sale Further hearing date 08-05-2009 Form 29/App.E/CPC Publish in Janatha Daily Sale Warrant preparation batta must be paid one week prior to the date of sale. On the date of the sale, the sale must be knocked down in favour of highest bidder. If D.Hr is the auction purchaser, he is entitled for set off. Immediately after the sale, 25% of the sale amount must be deposited under Order 21 Rule 84. As per the Process Fee Rule III(5) a fee by way of poundage shall be levied on purchase money for each lot separately at the following rates (i) On the first Rs.500, Rs 0.10 paise in the rupee (ii) On the next Rs.500 Rs 0.05 paise in the rupee or part thereof (iii) On any sum exceeding Rs.1000 Rs 0.03 paise in the rupee As per Rule 278 of Civil Rules of Practice the court officer who conducted the auction has to purchase court fee stamp for the value of the poundage. Even if the D.Hr is the auction purchaser he has to pay the poundage. (These amounts can be taken as cost of E.P.) Payment made by cheque or bankers cheque is valid Akula Srinivasa Rao & Others petitioners Vs G.Venkateswara Sarma Respondent – AIR 2003 AP 407 The balance to be deposited within 15 days under Order 21 Rule 85 C.P.C. As per A.P. Amendment, the amount for purchase of the stamps must also be deposited. Whether the Court has power to extend the time for deposit of the balance amount and the amount for purchase of the stamps - No Please refer (Mudragada Satyanaraya Murthy Vs. Southern Agencies (AIR 1962 A.P. 271) W. Veerabhadra Rao –vs- Nedungadi Bank Ltd Vijayawada and others (1998 (6) ALT 216) (Kudiyala Ramana Vs. Vattikolla Somaraju) (AIR 2003 A.P. 215)