Auction: Auction sale – Waiver of rights – On facts, confirmed auction sale of land belonging to private respondents – Set aside by the High Court despite there being no objections to it – Justification of – Held: Not justified – Private respondents through their conduct, in failing to file objections to the auction sale and making an application and accepting the excess amount recovered from the auction sale, waived off their rights in respect of the auction sale and acquiesced in the auction sale – They are estopped through their conduct from challenging the auction sale in any manner whatsoever – Conduct of all the private respondents is a clear indication of their acceptance of the validity of the auction sale and they had no objections to the auction sale – High Court erred in ignoring the basic and primary fact on record – It erred in setting aside the auction of the land belonging to the private respondents and thereby prejudicing the rights of the appellants, highest bidder of the auction sale – Order passed by the High Court is set aside. Waman Shriniwas Kini v. Ratilal Bhagwandas & Co. [1959] 2 Suppl. SCR 217 ; Municipal Corporation of Greater Bombay v. Dr Hakimwadi Tenants’ Association (1988) Suppl. SCC 55 : [1988] 2 SCR 21 ; P. Dasa Muni Reddy v. P. Appa Rao (1974) 2 SCC 725
– referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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