SHIVRAJ KRISHAN GUPTA Vs. CHANDER KRISHAN GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against the order dated 11 th September 2012 of Additional District Judge (ADJ) passed in Suit No. 149/2008, whereby he had accepted the bid of Rs.156.00 crore of M/s. Bharti (RBM) Holdings Private Limited (Respondent No. 8), and declined to consider the offer of Rs.165.00 crore of the petitioner?s, a co-sharer in the subject property.

(2.) The disputes between the parties have further undergone extensive litigation since from the passing of preliminary decree of partition as back as on 8 th May 1980. Vide this decree, the property, which continued to be in the possession of the petitioner, was directed to be divided amongst the co-sharers of the family. On the change of pecuniary jurisdiction of this Court, the case was transferred to the Court of ADJ. As property could not be divided by metes and bounds, the same was directed to be disposed by auction. The petitioner challenged this order vide CM(M) 1549/2007, and which came to be dismissed by this Court on 30 th November 2007, observing that the petitioner could participate in the auction and submit his bid. This was challenged by him in SLP which was dismissed by the Supreme Court on 21 st January 2008. The learned ADJ vide order dated 26 th March 2008, fixed the revised reserve price of the property at Rs.140.00 crore.

(3.) The petitioner challenged the aforesaid order dated 14 th August 2008 vide CM No. 1170/2008, which came to be dismissed by this Court on 16 th October, 2008 observing as under: