Smt Madduramma v. Sri Nagappa
Case brief
What is this about?
Partition Act 1893 Section 3 procedure when sharer undertakes to buy; shareholder highest price above valuation; co-sharer right to purchase in final decree proceedings; public auction set aside and fresh auction ordered; Karnataka Civil Rules of Practice 1967 Rules 138 139 140 auction procedure; FDP No.121/2019; O.S.No.3229/2018 preliminary decree 10.07.2019; W.P.No.20587/2024 earlier round; Articles 226 227 certiorari; XXXV Additional City Civil Judge Bengaluru CCH-36; sole bidder respondent No.2 Rs. 90,00,000; deposit within one week with 9% per annum interest; forfeiture for non-participation; High Court of Karnataka H.T. Narendra Prasad J.
What did the court decide?
Writ petition disposed of: (ii) the earlier public auction is set aside; (iii) parties directed to appear before the Final Decree Court on 16.03.2026, on which day the court auction may be conducted; (iv) the Final Decree Court to permit the petitioner and respondent No.2 to participate in the bid and confirm the sale in favour of the person who offers the highest bid; (v) if the petitioner is absent and gives no offer, the higher offer of respondent No.2 is to be confirmed; if the petitioner participates, offers the highest price and the sale is confirmed in her favour, she must deposit the amount within one week from that day, including interest at 9% per annum to respondent No.2 on the amount deposited pursuant to the earlier public auction, calculated from the date of deposit until the amount is released in favour of respondent No.2; (vi) any party failing to participate in the public auction will forfeit their right