DEBAPRASAD GHOSH Vs. GOBINDA CHANDRA GHOSH

JUDGEMENT

(1.) IN a partition suit, the suit property was put into auction sale, as the suit property cannot be conveniently partitioned amongst the parties according to their share.

(2.) THE highest bid of Rs. 6,00,000/- which was given jointly by Gobinda Chandra Ghosh and ashok Ghosh being the plaintiff and defendant no. 13 in the said suit, was accepted by the learned

(3.) TRIAL Judge and those Gobinda Chandra Ghosh and Ashok Ghosh were jointly declared as the highest bidders in the said auction. The said bid money was deposited by those highest bidders in court on 23rd February, 2005. One of the defendants namely Debaprasad Ghosh felt aggrieved against the said auction, as according to him the value of the suit property is much more than the bid money offered by those two bidders. Incidentally it may be mentioned that though the said debaprasad Ghosh was present at the time when the auction was held but he did not participate in the auction. Be that as it may the said Debaprasad Ghosh filed the instant revisional application challenging the said auction and in fact, he made an offer before this Court expressing his intention to purchase the suit property at a price of Rs. 14,50,000/ -. The declared highest bidders in the auction sale namely Gobinda Chandra Ghosh and Ashok Ghosh expressed their inability to offer any higher price for the suit property.