sa fiiled before 4 years still heard

at your mercy (Querist) 16 August 2024 This query is : Resolved
A friend of mine at Salem became successful bidder for a property from Indian Bank and got salesale certificate registered and as wel as possesion through DJM court 2 years back. The beauty is the borrower had challnenged the sale notice on the basis of low price and justifying default payments due to Covid. But depite a conditional stay given for payments, he did not comply and hence the sale process was done as the time barred. But the old SA filed 4 years before challenging sale is going on with a clear intend to stretch with reposting . It is more than a year the presiding officer at DRT coimbatore is not available.
My quetsion how an appeal challenging the sale notice still heard in the same court which allowed sale. It appear very evidently the advocates clubbing together to keep the cases pending. Also as the case started the advocate took lump sum of 25K saying for the case. In between he keeps asks money for some frivelous petition filing and eventually the case gets rejected on the same first day !
PLEASE advise further course of action to bring it to end

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Quick Summary

A friend successfully bid on a property from Indian Bank, obtaining a sale certificate and possession. However, the original borrower challenged the sale notice due to low price and COVID-related payment defaults. Despite a conditional stay, the borrower failed to comply, leading to the sale proceeding as time-barred. A Special Appeal (SA) filed four years prior, challenging the sale notice, is still ongoing, with concerns about intentional delays and a vacant presiding officer position at DRT Coimbatore. The writer questions how an appeal challenging a sale notice can be heard by the same court that allowed the sale, suspecting advocate collusion. Advice is sought on how to resolve this protracted legal battle.

T. Kalaiselvan, Advocate (Expert) 16 August 2024
No opinion can be rendered regarding fee charged by advocate and also it seems to be reasonable and not exorbitant.
Since the judge post is vacant in the court, you may have to wait until a judge is posted or in charge judge arrangement is made by high court.
The appeal against its own order cannot be heard by the same court, if the orders was passed by DRT then an appeal will be maintainable only before DRAT and not the same court, therefore you may ascertain the details and revert with proper particulars if you are really serious to know proper legal opinion

P. Venu (Expert) 18 August 2024
The informs more of your subjective opinions than objective facts.

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