Authority: Supreme Court of India
Order Date: 31-08-2026
Case Overview
- Petitioners: N. Kasinathan & Ors., auction purchasers.
- Respondents: Vijayakumar & Ors., guarantors to a loan taken by respondent No.5 from respondent No.4.
- The Special Leave Petition (C) No.20529/2018 arose from an auction sale contested by respondents Nos.1‑3; during proceedings respondents Nos.1 and 3 died, and respondent No.2, the sole surviving legal heir, was substituted.
- The impugned order dated 05.01.2018 had set aside the auction sale and directed respondents Nos.1‑3 to deposit the entire auction sale amount with interest before the executing firm.
- Parties subsequently entered into a settlement: respondent No.2 will pay Rs 12,50,000 to the auction purchasers, of which Rs 1,00,000 has already been paid.
- Additionally, Rs 5,79,000 (plus accrued interest) deposited with the executing court is to be released to the petitioners.
- Respondent No.2 undertook to pay the balance Rs 5,71,000 within two weeks of the order.
Final Outcome
- The Court recorded the settlement report dated 21.08.2026, found it lawful, and bound the parties to its terms.
- The executing court is directed to release the full amount deposited (Rs 5,79,000 plus interest) to the petitioners.
- The executing court shall issue a certificate allowing respondent No.2 to claim a refund of stamp duty as per paragraph 38(e) of the impugned order.
- The petitioners are granted leave to withdraw the Special Leave Petition; the petition is disposed of.
- Any pending applications, if any, are also disposed of.
Topics: Court Settlement, Auction Dispute, Fund Release