Banduji S/O Vitthalrao Bhoyar v. Homnath @ Anil S/O Vitthalrao Lambat And Others

39CRA53.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL REVISION APPLICATION NO. 53 OF 2019 Banduji s/o Vitthalrao Bhoyar V/s Homnath @ Anil s/o Vitthalrao Lambat and others. --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.K. Mishra, counsel for the applicant.

Ms Bhavana K. Meshram, counsel for the respondent No.1. Shri Anup B. Badar, counsel h/f Shri B.D. Patrikar, counsel for the respondent Nos. 2 to 6 and 7.

Shri S.H. Sudame, counsel for the respondent Nos. 8 and 9. CORAM: ARUN D. UPADHYE , J.

DATE: 15-07-2019.

Heard learned counsel for the parties.

Shri P.K. Mishra, learned counsel for the applicant has submitted that he is ready to deposit remaining balance amount within one week.

Perused the impugned order dated 13/05/2019. It appears that application filed by the auction purchaser was rejected by the Executing Court, as the case of the applicant does not come within the purview of Bombay Amendment under Order-XXI Rule 85 of the Civil Procedure Code. It is submitted that the applicant is the highest bidder and amount of Rs 60,51,000/- is the highest bid and that is accepted by the Court. It is further submitted that, the

39CRA53.19.odt 2 applicant has already deposited 1/4th of total auction sale amount before the Executing Court. It is therefore submitted that the applicant may be permitted to deposit balance amount within one week.

Learned counsel for the respondents have no objection, if the applicant is permitted to deposit remaining balance amount within one week.

In view of the above facts and circumstances of the case, I am of the view that the applicant could be permitted to deposit the remaining balance amount within one week from the date of this order.

The impugned order passed by the trial Court below Exhibit No.75 in F.D. No. 280/2007 is hereby quashed and set aside. The applicant is permitted to deposit the balance amount within one week before the Executing Court The civil revision application is allowed in terms of prayer clause (iii) and disposed of accordingly. No order as to costs.

JUDGE rkn