K.K. Subbier alias K.K. Vallaba Anandar and others vs E. Ramanathan

Panchapakesa Ayyar, J.—This is a petition by one K. K. Subbier alias K. K. Vallaba Anandar, and others, the judgment-debtors, for revising the orders of the Subordinate Judge of Madurai, in E. P. No. 180 of 1956 in O. S. No. 82 of 1952, as not fixing the upset price of the properties brought to sale by himself but simply noting the upset prices given by the defendants and plaintiff respectively and directing proclamation and sale of the properties Unfortunately, in this case the upset price given by the defendants was RS. 25000 (wrongly noted as Rs. 75000) and that given by the plaintiff-decree-holder was Rs. 5000. Though 1 agree with the learned Counsel for the respondents in this civil revision petition that there is no illegality as such in the Court not 6xing its own upset price, it will be obvious that it will be desirable for the Courts to fix the upset price in the face of such widely divergent upset prices given by the two sides Learned Counsel on both sides have no objection now to the fixing of the upset price at Rs. 10.000, and I direct the upset price to be fixed at Rs. 10,000 at the fresh sale, if it is to be held Meanwhile, learned Counsel for the petitioners represents to me that the petitioners are ready to pay off the entire decree debt and are indeed arranging for some private purchaser and hope to get the requisite amount very shortly and discharge the entire debt The petitioners pray that they may be given four months time from today to do so. I am afraid that cannot be done. If the purchasers are already found, the transactions can be closed after obtaining the urgent permission of the Court below, and the decree amount paid, as rightly urged by the learned Counsel for the decree-holder. I, however, direct that the property shall be brought to sale next, with the upset price of Rs. 10,000, only one month after these records have reached back the lower Court. That time should be ample, for the petitioners to obtain the orders of the lower Court for a private sale and to discharge the decree debt if some more little time is necessary, they can always apply to the lower Court, which will grant it if the petitioners are really earnest in the matter and are not merely playing a waiting game. This civil revision petition is closed No order as to costs.