THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH C.R.P.NO : 3779 of 2009 Between: M.D. Lakshmapahti Naidu ..... PETITIONER AND M. Srinivasulu and two others. .....RESPONDENTS HONOURABLE SRI JUSTICE V.ESWARAIAH C.R.P.No.3779 of 2009 ORDER: The petitioner herein is J.Dr.No.2 who suffered a decree in the suit filed by the 1st respondent-decree holder, for a sum of Rs.4.00 lakhs in O.S.No.9 of 2005. As the decreetal amount was not paid, the 1st respondent-decree holder filed E.P.No.32 of 2008, for the sale of the E.P. schedule properties. The E.P. schedule properties were valued, as per valuation fixed by the Sub Registrar, at Rs.12,47,980/-. But the trial Court, by order dated 10-11-2008, fixed the upset price of the schedule property at Rs.11.00 lakhs. Aggrieved by the same, when the petitioner-J.Dr.No.2 filed C.R.P.No.5352 of 2008, this Court, dismissed the said C.R.P. holding that the fixation of said price at Rs.11.00 lakhs cannot be said to be illegal and arbitrary. Thereafter, it appears that the 1st respondent-decree holder filed E.A.No.609 of 2008 requesting the trial Court to reduce the upset value of the property from Rs.11.00 lakhs to Rs.6.50 lakhs. The said petition was dismissed on 06-02-2009. Aggrieved by that order, the 1st respondent-decree holder filed C.R.P.No.1157 of 2009, and this Court by its order dated 01-05-2009, remanded the matter to the trial Court for reconsideration of E.A.No.609 of 2008 taking into consideration the prevailing market value of the E.P. schedule property and pass appropriate orders revising the upset price, after giving reasonable opportunity to both the parties. It is stated that when the matter, which was remanded, was posted to 20-07-2009 for hearing, the petitioner-J.Dr.No.2 was not present and the trial Court erroneously reduced the upset price from Rs.11.00 lakhs to Rs.8.00 lakhs. A perusal of the docket order goes to show, “Heard both the parties and perused the record, and accordingly, the upset price was reduced to Rs.8.00 lakhs.” It is the case of the petitioner-J.Dr.No.2 that reducing the upset price of the suit schedule property to Rs.8.00 lakhs is illegal and arbitrary and does not reflect the true market value on production of valuation of the schedule property at Rs.12.00 lakhs. I am unable to accept this contention. When the property was put to auction earlier, no bidders came forward and therefore, there was no other go for the 1st respondent-decree holder to come with an application to reduce the upset price. Till the upset price is much more than Rs.8.00 lakhs, it is always left open to the petitioner-J.Dr.No.2 to get the competitive real bidders and see that higher price is placed in the open market. Hence, the Civil Revision Petition is devoid of merits, and the same is accordingly dismissed. No costs. ________________ 13th August 2009 Kvr