SHANKER PURI Vs. LRS OF LAL PURI

JUDGEMENT

(1.) This application has been filed by one Sumesh son of Mani Ram by caste Ganchi claiming himself to be the power of attorney holder of applicant Laxmi Narayan son of Girdhari Lal Sharma aged about 80 years resident of Kudi Bhagtasani Housing Board, Jodhpur represented by learned Counsel Mr. M.C. Bhoot. In the said application, it has been claimed that final bid in respect of auction of property belonging to Puri Brothers situated at Sojati Gate may be confirmed with the condition that prospective purchaser will get only the legal possession of the land measuring 17x15 ft. and the possession of said applicant over the said portion of the land may not be disturbed, on which he says that he is in possession of a cabin located at the said property.

(2.) It may be stated that this litigation has a chequered history and a partition suit is. pending since 1965 in which the preliminary decree for partition passed by the trial Court came up before this Court in four writ petitions in which detailed order was passed on 23.5.2008 directing the auction of the properties belonging to said Puri Brothers and the said detailed order of this Court came to be challenged by the one of the parties before the Hon'ble Supreme Court namely SLP (Civil) No. 24344/2008, which came to be dismissed by the Hon'ble Supreme Court on 20.10.2008.

(3.) Thereafter, two of the properties of the said family were auctioned by a high powered Auction Committee and the sale thereof were confirmed by this Court and the auction proceeds were disbursed in the various stake holders of the said family arid the vacant possession of the said properties were handed over to the auction purchasers.