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1 - 6 of 6 (0.20 seconds)B. Arvind Kumar vs Government Of India & Ors on 28 May, 2007
7. Ld. Counsel for auction purchaser has argued that
defendant is trying to stall the transfer of title and possession in
favour of auction purchaser when sale has been confirmed by this
court pursuant to the auction proceedings. He submitted that valuable
right has accrued to the auction purchaser as he has deposited the sale
consideration amount in the court and sale has also been confirmed
by this court. He further submitted that once the auction sale is
accepted by the court in favour of the auction purchaser, it becomes
absolute and title vests in the auction purchaser. He further argued
that defendant has not alleged any fraud or collusion in auction
proceedings and defendant has no authority to assail the sale of the
property in the absence of any allegation of fraud or collusion and
therefore he cannot seek review of the judgment or the order
confirming the sale. To fortify his arguments, the Ld. Counsel for
CS No. 593/12
Parsandi Devi & Ors. Vs. Om Prakash Page No. 7 of 14
auctioneer purchaser has placed reliance on B. Arvind Kumar Vs.
Government of India 2007 (5) SCC 745 and Sadashiv Prasad Singh
Vs. Harendar Singh 2014 AIR (SC) 1078.
Sadashiv Prasad Singh vs Harendar Singh & Ors on 8 January, 2014
7. Ld. Counsel for auction purchaser has argued that
defendant is trying to stall the transfer of title and possession in
favour of auction purchaser when sale has been confirmed by this
court pursuant to the auction proceedings. He submitted that valuable
right has accrued to the auction purchaser as he has deposited the sale
consideration amount in the court and sale has also been confirmed
by this court. He further submitted that once the auction sale is
accepted by the court in favour of the auction purchaser, it becomes
absolute and title vests in the auction purchaser. He further argued
that defendant has not alleged any fraud or collusion in auction
proceedings and defendant has no authority to assail the sale of the
property in the absence of any allegation of fraud or collusion and
therefore he cannot seek review of the judgment or the order
confirming the sale. To fortify his arguments, the Ld. Counsel for
CS No. 593/12
Parsandi Devi & Ors. Vs. Om Prakash Page No. 7 of 14
auctioneer purchaser has placed reliance on B. Arvind Kumar Vs.
Government of India 2007 (5) SCC 745 and Sadashiv Prasad Singh
Vs. Harendar Singh 2014 AIR (SC) 1078.
Article 124 in Constitution of India [Constitution]
Section 7 in The Partition Act, 1893 [Entire Act]
The Limitation Act, 1963
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