IN THE COURT OF THE……..
E.A. No………….in E.P. No…………..in O.S No……….
Between
…Petitioner/ auction purchase
Vs.
…Respondent/DHR
… Respondent/JDR
Petition filed on behalf of the petitioner/auction purchase under Or.21 R 91 & 92 and 151 of CPC
For the reasons stated in the accompanying affidavit the petitioner prays that the Hon’ble court may be pleased to set aside the sale dated. ordering to return of the amount of Rs. /Deposited by the petitioner toward sale consideration amount with poundage, and to pass such other orders as the Hon’ble court deems fit and proper in the circumstances and in the interest of the justice.
Advocate for Petitioner
Place:
Date:
N.B This petition shall be filed within 60 days from the date of sale.
IN THE COURT OF THE…………………………………
E.A. No…………….in E.P……………in O.S No……….
Between
… DHR
Vs.
…JDR
Affidavit filed on behalf of the petitioner/auction purchaser under Sec. 139 of CPC
I, ………………… S/W/o,………….. Religion………………. aged about………… Occupation………… R/o……….do hereby solemnly affirm and state on oath as follows:
1. I am the auction purchaser in the E.P. and petitioner herein, and I am well acquianted with the facts of the case.
2. The first respondent obtained a decree against second respondent and brought the E.P schedule property for sale. In the auction conducted by the Hon’ble court I have participated in the said auction and I became the highest bidder and the sale was knockeddown in my favour for Rs…. I have also deposited the entire sale consderation amount with poundage. After sale I came to know that the JDR has no salable interest in the auctioned property as the property belongs to the government as governed by the AP schedule areas Land Transfer Regulation, 1969, and the sale is hit by the provisions of the said regulation act. I am not aware of the in alinatability of the properties on the date of sale either by sale proclamation or by the court. Even if a sale certificate issued in my favour, it has no value to register the document issued by the Hon’ble court. At this juncture I submit that the sale may be set aside and refund the sale consideration amount with poundage in the interest of justice.
3. Hence, I therefore pray that the Hon’ble court may be pleased to set aside the sale dated ……….. by ordering to return of the amount of Rs. deposited by the petitioner towards sale consideration amount with poundage.
Else, I will be put to irreparable loss.
Deponent
Solemnly affirmed and the contents of the affidavit read over to the deponent and explained in Telugu, after his admission he put his thumbmark-signed before me this the ………….. day of…………. year.
Advocate
Place:
Date: