CR No.3023/2010(O&M). 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.3023/2010(O&M). Date of decision: 17.05.2011. Daljit Kaur ....................Petitioner v. Rajiv Goyal .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Nand Lal Sharma,Advocate for the petitioner/ Auction Purchaser. Mr.Yogesh Goel,Advocate for respondent no.1. None for respondent no.2-JD. Jaswant Singh.J.(Oral) CM No.12960-CII of 2011 allowed. Annexures P5 and P6 are taken on record. Auction purchaser-Daljit Kaur has approached this Court in revisional jurisdiction under Article 227 of the Constitution assailing the orders dated 12.3.2010(P1) passed by the learned Executing Court setting aside the auction sale dated 20.10.2007 in favour of the applicant/petitioner; and order dated 3.5.2010 (P2) passed by the learned Additional District Judge, Patiala dismissing the appeal and upholding the order dated 12.3.2010. It is further prayed that the auction sale conducted on 20.10.2007 may be held to be a legal sale and accordingly a direction be issued for grant of sale certificate. CR No.3023/2010(O&M). 2 It is apparent that the petitioner in the auction had purchased the suit property in the sum of Rs.1.20 lacs whereas the liability to the decree holder at the time of sale was to the tune of Rs.1.50 lacs. It is further stated that the same property was also attached towards the satisfaction of another decree in favour of Ramesh Chand Goel, brother of the present decree holder for a sum of Rs.5,07,237/-. At the time of issue of notice of motion, this Court vide order dated 7.5.2010 had stayed the operation of the impugned orders subject to the petitioner satisfying both the aforesaid decrees within a period of six months. At the time of hearing today, CM No.12961-CII/2011 has been filed by the petitioner/auction purchaser accompanied by her affidavit that she has paid off the entire amount due to the present decree holder- respondent no.1 as well as his brother Ramesh Chand Goel, the other decree holder. It is thus prayed for confirmation of the sale in favour of the petitioner/auction purchaser in accordance with law. Alongwith the application, affidavits of the two decree holders namely Rajiv Goyal and Ramesh Goyal sons of Kaka Ram have also been appended. A copy of the miscellaneous application has been furnished to the counsel for respondent no.1/decree holder who has confirmed the averments made on behalf of the petitioner. Learned counsel further submits that they have no objection if the present revision petition is allowed and the impugned orders dated 12.3.2010 and 3.5.2010 are set aside and the CR No.3023/2010(O&M). 3 sale is confirmed in favour of the petitioner/auction purchaser. In view of the aforesaid facts and agreed stand, this petition is allowed and impugned orders dated 12.3.2010 and 3.5.2010 are set aside with the directions to the authorities to confirm the sale in accordance with law in case the property is free from other encumbrances. 17.05.2011 (Jaswant Singh) joshi Judge