IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.788 of 2010 Between: Jaweed Hussain ..... PETITIONERS AND Sajid Hussain and otheres ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.788 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 26.10.2009, passed in I.A.No.191 of 2009 in I.A.No.461 of 2004 in O.S.No.439 of 2001 on the file of XIII Additional Chief Judge, Fast Track Court, City Civil Court, Hyderabad, whereunder and whereby, the petition filed to enlarge/extend time for depositing poundage amount, was dismissed, on the ground that though the petitioner expressed his willingness to deposit the poundage amount, it was not deposited, and on the other hand he filed an application stating that as the auction was as per Section 3(1) of Partition Act, 1893, he need not deposit the poundage amount, which was dismissed, and thereafter, the present application is filed. 2. Learned counsel for the petitioner contended that in view of the illness of petitioner’s mother and also due to the financial problems, the petitioner could not deposit the amount and prays to grant time of one week for depositing the amount. 3. On the other hand, the learned counsel for respondent No.1 contended that in spite of giving several opportunities, the petitioner failed to deposit the amount and therefore, the impugned order is passed and there are no grounds to interfere with the same. 4. The dispute is among the brothers. The dwelling house in question is being used by all the brothers and their family members. The said fact is not in dispute. As it is not desirable to put the same to public auction, this Court directed the auction to be conducted among the brothers. In pursuance of the said direction, auction was conducted and the revision petitioner herein became the highest bidder and the sale was knocked down at Rs.2,01,00,000/- (Rupees two crores and one lakh). 5. No doubt, no time frame is fixed for deposit of the bid amount. Rule 85 of Order XXI of the Code of Civil Procedure, 1908, mandates that one-fourth of the bid amount has to be deposited by the auction purchaser along with poundage amount immediately and the remaining amount should be paid within 30 days, but that has not been complied with. Considering the fact that the family members are residing together jointly in the said house, this Court directed the auction to be conducted among the brothers only. In view of the fact that the huge amount is involved, the petitioner might not have deposited the said amount in the Court. So in view of the fact that the dispute relates to the brothers, one more opportunity can be given to the petitioner to deposit the entire amount together with poundage amount, to the extent of share relating to respondent No.1, into the Court. Hence, there are no grounds to interfere with the impugned order. However, the petitioner is granted one week’s time to deposit the bid amount to the extent of share of respondent No.1. Further, on such deposit respondent No.1 herein is entitled to withdraw the same. 6. As far as the remaining property i.e, vacant site located at Banjara Hills, the same has to be put to public auction. 7. With the above observations the Civil Revision petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J March 04, 2010 Note: Issue C.C by today. B/O.MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.788 OF 2010 March 04, 2010