bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6726 OF 2008 PETITION NO. 6726 OF 2008 PETITION NO. 6726 OF 2008 Shri Vazir Usman Kondivekar ... Petitioner v/s Raigad Zilla Nagari Sahakari Pathasamstha, Mahasangh & ors. ... Respondents Mr.M.A.Choudhari for the petitioner. Mr.Sachin Chavan for the respondent No.1. Mr.S.K.Chinchalikar for the respondent No.3. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 6TH OCTOBER, 2008 6TH OCTOBER, 2008 6TH OCTOBER, 2008 P.C. P.C. P.C.: 1. The petitioner has rushed to this Court contending that an auction sale of the properties of the petitioner is to take place as advertised on 1.9.2008. The appeal filed by the petitioner is pending before the appellate authority. In fact, as the appeal was delayed, the application for condoning of delay has been filed and is yet to be heard. 2. In my opinion, it would be in the interest of justice to direct that the auction sale should not take place till 20.10.2008 by which time the petitioner shall move the appellate Court and obtain the necessary orders from the appellate Court. However, the petitioner 2 shall, as a condition precedent to the appellate Court passing any further orders, deposit an amount of Rs.60,000/- with the appellate Court. 3. Writ petition disposed of accordingly. 4. The parties to appear before the appellate authority on Friday, the 10th October, 2008 at 11.00 a.m.