1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1861/2008 (Bhanwarlal Porwal Vs. Recovery Officer, DRT & Ors.) Date of order : 18.03.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Dinesh Mehta, for the petitioner. Heard learned counsel for the petitioner. It is contended by learned counsel for the petitioner that although an appeal is provided against the order of Debt Recovery Tribunal, Jaipur but petitioner who is said to be guarantor of principal borrower and his house which is situated at Ward No.15, Nathdwara is going to be auctioned in pursuance of the judgment of Debt Recovery Tribunal, Jaipur dated 13.1.2006. It is contended by the learned counsel for the petitioner that the petitioner will approach the appellate authority by way of filing appeal but due to death of wife of Kalulal Porwal, who is guarantor of 2 principal borrower, on 16.3.2008, some breathing time may be granted to the petitioner for the said purpose. In the peculiar facts and circumstances of the case and the fact that wife of guarantor – Kalulal Porwal died on 16.3.2008, I deem it just and proper to grant liberty to the petitioner to take recourse of alternative remedy available to him within a period of one month from today. Till then, the petitioner's property shall not be auctioned. However, it is made clear that if no such remedy is availed by the petitioner within the stipulated period and, so also no order is passed in his favour by any of the authorities then the respondents will be at liberty to auction the property of the petitioner in accordance with law. With the aforesaid observation/direction, this petition is disposed of. (GOPAL KRISHAN VYAS), J. arun