THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP No.4631 OF 2009 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Arbitration. 2. The petitioner herein is the auction purchaser in EP No.31 of 2006 in OS No.66 of 2002. It is stated that in EP the Court has conducted sale of EP schedule property on 30-7-2008 and in the public auction conducted by the Court, the petitioner purchased the property for Rs.12,30,000/- being the highest bidder and paid 1/4th of the auction amount. It is stated that later the petitioner came to know that the judgment debtor in the suit has no saleable interest in the EP schedule property, as the property being his ancestral property and the JDR has two major sons and they also having share in the EP schedule property. It is further stated that the JDR and his two sons together have executed registered mortgages in favour of certain persons and the JDR has no exclusive saleable interest in the EP schedule property. Therefore the petitioner-auction purchaser filed petition under Order 21, Rule 91 CPC to set aside the sale on the ground that the JDR has no saleable interest. The petitioner also filed petition under Section 148 and 151 CPC to defer payment of 3/4th sale price till disposal of the petition filed under Order 21, Rule 91 CPC. 3. The petitioner admittedly deposited 1/4th of the auction amount being the highest bidder. In the circumstances and to meet the ends of justice, the impugned order is set aside. The trial Court is directed to consider and dispose of the application filed by the petitioner, and in case the application filed by the petitioner is allowed, the amount deposited by him shall be returned to him, but if it is dismissed, the amount shall be confiscated to the Government. 4. In the result, the civil revision petition is allowed. No costs. _____________________ Ghulam Mohammed, J Dated: 16-4-2010 Nrg.