Karnataka Court August 2006 Judgments

Sri G.M. Krishna S/o Marigangaiah represented by his PA Holder Sri Anj ...

Court: Karnataka

ORDERK. Sreedhar Rao, J.1. The application to implead the applicant as third respondent in I.A. No. IV/2006 is allowed. Cause title to be amended.2. The third respondent claims to be the auction purchaser of the property. The appellant, however contended that the second respondent is the auction purchaser. This controversy is not germane and has no bearing on the application for condonation of delay under consideration.3. The third respondent claims to be the purchaser of the property in court auction and a sale certificate is issued in his favour. The third respondent claims to have taken effective legal possession of the property and put up compound wall without recourse to the provisions of Order XXI Rule 95.4. The appellant per contra contends that the court is the custodian of the property, without formal proof of delivery of possession under Order XXI Rule 95, the third respondent cannot claim effective legal possession.5. Learned Counsel for the third respondent stoutly opposed ...