1 S.B. CIVIL MISC. APPLICATION NO.52/2008 IN S.B. CIVIL WRIT PETITION NO.1861/2008 (Bhanwar Lal Vs. State of Raj. & Ors.) Date of Order :: 26.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Dinesh Mehta, for the applicants. This application has been filed by the legal representatives of late Shri Bhanwar Lal Porwal. It is contended by learned counsel for the applicants that earlier late Bhanwar Lal has filed a writ petition before this Court and the said writ petition was registered as S.B. Civil Writ Petition No.1861/2008 in which this Court was pleased to pass an order which reads as under:- “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.” As per learned counsel for the applicants, Bhanwar 2 Lal Porwal died on 29th April, 2008 and due to illness no appeal was filed by him within the stipulated time as granted by this Court. Now after death of Bhanwar Lal Porwal, his legal representatives want to challenge the auction proceedings initiated by the Bank, but time granted by this Court for filing appeal has expired, therefore, further time may be extended. It is obvious from the fact that earlier writ petition was filed by late Bhanwar Lal Porwal against whom auction proceedings were initiated and he died without filing any appeal. The legal representatives are having right to challenge the auction proceedings, therefore, applicants are free to file an appeal before DRT, Jaipur within a period of one month and alongwith their appeal they may also file an application under Section 5 of the Limitation Act. Upon filing the said appeal before the Debt Recovery Tribunal, Jaipur along with application under Section 5 of the Limitaiton Act, the learned Tribunal shall decide the said application filed under Section 5 of the Limitation Act by the applicants without influence of the order passed by this Court with regard to time for filing appeal within the stipulated time and shall consider the fact that late Bhanwar Lal Porwal was granted liberty to challenge the auction proceedings. With these observations, this application is disposed of. (GOPAL KRISHAN VYAS),J. 3 A.K. Chouhan/-