(1) WP. 3091.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3091 OF 2010 Shri Gurugovindsing Sahakari Credit Cooperative Society Ltd. .. Petitioner VERSUS Karnalsing Gurumukhsing and ors. .. Respondents Mr. P.V. Barde, Advocate for the Petitioner Mr. S.S. Chapalgaonkar, Advocate for the respondent no.1 None present for the respondent nos.2 and 3 though served ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel. 2] Though served, the respondent nos. 2 and 3 are absent. Their house property is attached during course of execution of money decree obtained by respondent no.1. The petitioner is a co-operative credit society. The petitioner filed an application before executing Court to release the attachment and allow adjudication of it's claims. The petitioner credit society alleges that the respondent nos. 2 and 3 have borrowed certain amounts and therefore, presently outstanding amount of Rs.9,10,000/- is to be recovered from them. Allegedly the respondent (2) WP. 3091.2010 no.3 is the borrower and the respondent no.2 is the guarantor. The money decree obtained by the respondent no.1 is for Rs.1,35,000/- alongwith interest @ 6%. 3] The learned counsel for the petitioner and the respondent no.1 agree that without recording reasons, necessary directions may be given. In the interest of justice, the Petition is being disposed of on following terms:- [I] The petitioner credit society shall be heard as third party in the execution proceedings and the claim of the petitioner credit society may be decided on it's own merits. The impugned order dated 21.8.2009 is set aside and so also the impugned order dated 1.4.2010 is set aside. The objection Petition of the petitioner may be considered on it's own merits. [II] The auction proceedings, however, shall be continued. The executing Court shall fix the offset price after calling information regarding the price index in respect of the house in question from the Office of the Sub-Registrar and thereafter, the public auction may be held as per law. [III] If the house property of the respondents 2 and 3 is sold away in the public auction, at a (3) WP. 3091.2010 reasonable price, the executing Court may determine the priority of the claims of the petitioner and the respondent no.1, as per the provisions of the law and having regard to the nature of the transaction between the parties. The executing Court may thereafter pass appropriate order regarding appropriation of the amounts payable to the petitioner and the respondent no.1 and disburse the same after hearing the parties. 4] The Writ Petition is accordingly disposed of. Sd/- [V.R. KINGAONKAR, J.] arp