suresh kumar sharma v. basanthi bai
Case brief
What is this about?
This order confirms the auction sale of the suit property to a third party at Rs.6 crores after the Court extended indulgence to the defendants. The parties were unable to appear, meet the offer, or purchase the property themselves. The application for joint purchase was dismissed as not pressed.
What did the court decide?
Sale of property confirmed in favour of auction purchasers for Rs.6 crores. Application for joint purchase dismissed as not pressed.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 14th DAY OF SEPTEMBER 2018
THE HON'BLE DR. JUSTICE ANITA SUMANTH
A. Nos.7149 & 7150 of 2017 in C.S. No.418 of 2007
- Sumathi Devi (deceased) () 2. Suresh Kumar Sharma () residing in the 4th Floor of premises Old No.157, New No.323, Mint Street, Sowcarpet, Chennai 600 079. 3. Inderchand Sharma () residing in the 5th Floor of premises bearing Old No.157, New No.323, Mint Street, Sowcarpet, Chennai 600 079. ... Applicants/Plaintiffs (in both the applications) () 2nd & 3rd plaintiffs are also legal representatives of the deceased 1st plaintiff
-Versus1. Basanthi Bai, 4th Floor, Old No.157, New No.323, Mint Street, Sowcarpet, Chennai 600 079.
- Guneswarlal Sharma, Door No.15/2, 8th Cross Street, (Near Ration Shop), Shenoy Nagar, Chennai 600 030.
- Chandrapal Sharma residing at Door No.15/2, 8th cross Street, (Near Ration shop), Shenoy Nagar, Chennai-600 030.
- Mahendra Kumar Sharma, Son of late Bansilal Sharma, Old No.157, New No.323, https://hcservices.ecourts.gov.in/hcservices/ Mint Street, Sowcarpet, Chennai-600 079.
Issues for consideration
3 issues framed by the court
Whether the sale of jointly owned property by public auction at Rs.6 crores should be confirmed given defendants' failure to meet the offer.
Whether the auction should be re-conducted due to alleged low bidder participation.
Whether to dismiss the application for permission for joint purchase of shares.
Parties & counsel
- petitioner
Sumathi Devi (deceased) LRs
- petitioner
Suresh Kumar Sharma
- petitioner
Inderchand Sharma
- respondent
Basanthi Bai
- respondent
Guneswarlal Sharma
- respondent
Case details
As recorded by the court registry
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