N MEHTA AND COMPANY Vs. PADGILWAR INDUSTRIES

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) Admit. Taken up for final hearing with consent of the parties. The learned counsel for the respondents waive notice.

(3.) By this petition under Articles 226 and 227 of the Constitution of India the petitioner/decree Holder seeks to quash and set aside the order dated 10-1-2005 passed by the 3rd Joint Civil Judge, Senior Division, nagpur below Exh. 172 in Special Darkhast no. 78 of 1999 and to hold that the applications moved by Respondent no. 3 - judgment Debtor are not tenable and to direct the Executing Court to execute the sale deed of the property auctioned in favour of respondent no. 4 - Auction Purchaser and to allow the petitioner to withdraw the decreetal amount out of the auction price deposited by respondent no. 4.