Madras High Court
M/S Vgn Developers Pvt Ltd. vs Mrs.Vanjulavalli on 22 April, 2026
1
A.No.3649 of 2025
in
EP No.149 of 2017
MASTER
22.04.2026
ORDER
1. This application has been taken by the applicant/Decree holder to participate in the court auction and purchase the E.P schedule mentioned property and set off the decree amount with the sale price and consequently dispensed with the condition to deposit 1/4th auction price money if the decree holder is declared as successful bidder.
2. The story behind the application is that the Decree holder filed this execution petition and brought the property of the Judgment debtor for sale. Further, it is seen that settlement of proclamation done and the upset price was fixed by this court on 20.03.2024 in respect of item No.1 Rs.1,03,07,840/- and item No.2 is Rs.1,03,07,840/- but the sale date was not fixed due to the pendency of A.No.182 0f 2024. Both side counsels were heard. The learned counsel for the Judgment debtor submitted that if this application is allowed it would result in purchase of property by the decree holder for lower price. Per contra, the learned counsel for the decree holder submitted that since he is ready to purchase the property for the upset price which is fixed by this court no prejudice will be caused to the Judgment debtors.
On perusing the records, it is seen that only settlement of proclamation has happened but auction not yet conducted. In such and such circumstances, the application filed by the decree holder is pre-mature and it is also not the case of the decree holder that no one participated in the auction bid conducted by the court. In view of the same, this court is of the opinion that this application cannot be https://www.mhc.tn.gov.in/judis 2 entertained at this stage.
Accordingly, this application is dismissed. No cost.
MASTER https://www.mhc.tn.gov.in/judis