HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2961 OF 2009 DATE:25-03-2011 BETWEEN Prathipati Srinivasa Rao …Petitioner AND Devireddy Subba Reddy and another …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2961 OF 2009 ORDER: Auction purchaser is in revision against the dismissal of E.A.No.75 of 2008 in E.P.No.33 of 2007 in O.S.No.363 of 2003, dated 24.6.2009 by the Junior Civil Judge, Gannavaram. Petitioner-auction purchaser was the highest bidder in the auction held on 22.1.2008 for an amount of Rs.1,42,000/-. On confirmation of sale in his favour, he deposited 1/4th of the auction amount i.e. Rs.35,500/- on the same day and also deposited a sum of Rs.4,305/- for purchase of stamps. The E.P. was posted to 29.1.2008 for confirmation of sale with a direction to the petitioner to deposit the balance 3/4th auction amount and other amounts due in the E.P. The petitioner deposited the balance of 3/4th auction amount on 1.2.2008 but however, failed to deposit the sale certificate amount within 15 days as contemplated under Order XXI Rule 85 C.P.C. On 25.3.2008 the Court below passed an order holding that since the petitioner-auction purchaser failed to deposit the sale certificate amount within 15 days as per Order XXI Rule 85 C.P.C., the sale cannot be confirmed and it is not a valid sale under law and posted the matter for hearing on 9.4.2008. Meanwhile, petitioner filed the impugned E.A. on 23.4.2008. The Court below dismissed the E.A. by the impugned order holding that as the petitioner failed to deposit the sale certificate amount, procedure contemplated under Order XXI Rule 86 C.P.C. has to be followed and re-sale should be ordered under Order XXI Rule 87 C.P.C., and therefore, the petitioner cannot be entertained by enlarging the time. Questioning the same, the present revision is filed. Order XXI Rule 85 as applicable to the Andhra Pradesh reads thus: “85. Time for payment in full or purchase-money and of stamp certificate of sale—The full amount of purchase money payable and the general stamp for the certificate under rule 94 or the amount required for such stamp, shall be deposited into Court by the purchaser before the Court closes on the fifteenth day from the sale of the property: Provided that in calculating the amount of purchase-money to be so deposited the purchaser shall have the advantage of ant set-off to which he may be entitled under rule 72.” Order XXI Rule 86 C.P.C. contemplates the procedure for default of payment. It says that where there is a delay in payment of amount within the period mentioned in Rule 85, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold. Rule 87 contemplates re-sale of the property. Since there is no discretion left with the Court except to follow the procedure contemplated under Rule 86, when admittedly, the petitioner has failed to pay the sale certificate amount of Rs.7,100/- along with the amount of Rs.4,305/- deposited for purchase of stamps within 15 days as contemplated under Rule 85, the order passed by the lower Court on 25.3.2008 holding that the sale cannot be confirmed, cannot be reviewed. The impugned order does not suffer from any illegality warranting interference by this Court. The revision fails and the same is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. MARCH 25, 2011 Tsr.