It would be necessary to examine as to when the right of the petitioner in the present case could be said to be extinguished by application of Section 60 of the Transfer of Property Act, 1882. In the case of Allokam Peddabbayya .vs. Allahabad Bank - MANU/SC/0700/2017 : (2017) 8 S.C.C. 272, the Hon'ble Supreme Court has taken into consideration Section 60 and proviso thereto of the Transfer of Property Act, 1882 and earlier judgments on the said provision have been taken into consideration. In the said judgment, the Hon'ble Supreme Court has concluded as follows:-
"22. In Mhadagonda Ramgonda Patil it was observed that the mortgagor has a right of redemption even after sale has taken place pursuant to the final decree, but before the confirmation of sale.
23. Therefore, the crucial aspect even under the said provision is "confirmation of sale". The mortgagor has a right of redemption even after sale has taken place but before confirmation of sale. In the present case, the fact remains that there was no confirmation of sale in favour of respondent no. 5 under the provisions of the said Act and Rules particularly sub-rule (14) of Rules 107 of the said Rules.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Writ Petition No. 2564 of 2016
Decided On: 12.09.2018
Aniruddha Vs. The Divisional Joint Registrar Co-operative Societies, Amravati and Ors.
Hon'ble Judges/Coram:
Manish Pitale, J.
Citation: 2019(2) MHLJ 478
