1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3488 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 12.07.2011. 1. Heard. 2. The present petitioner has filed the Writ Petition against order dated 5.10.2009, whereby the name of the present Respondent No.1 was also recorded in the other rights column. 3. Mr.Deshmukh, learned counsel for the petitioner states that as far as property bearing CTS No.3223 is concerned, the petitioner is the secured creditor in view of the mortgage executed by the present Respondent No.4 in favour of the petitioner. As the petitioner is a 2 secured creditor, the petitioner has a preferential right and Respondent No.1 can not claim any right until the loan of the present petitioner is repaid in toto. 4. Mr.Deshmukh, learned counsel contends that the petitioner has sold the property bearing CTS No.3223 by public auction of which the proclamation was issued on 6.1.2011. The purchaser has been issued the sale certificate and is also put in possession. In view of that, nothing survives in the Writ Petition. The Writ Petition is accordingly disposed of. (S.V.GANGAPURWALA,J.) Dt.12.07.2011. asp/office/wp3488.10 3