@_ Singm mwn IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITION (227) No. §W H, OF 2009 (Sm / PETITIONER : Madhukar Bachhalwar S/o Sitaram Bachhalwar, aged about Kt b “”q-‘k‘L 1m 5,; , DEFENDANT NOI 85 years, Post w, R/o Tilak Nagar, Bilaspur (0G,). m VERSUS Legal heirs of deceased 2—A Smt. Kusum Bachhalwar Widow of Manohar Bachhalwar; Sanjeev Bachhalwar; Ujjwal Bachhalwar; 2—D Anjali Baehhalwar; 2—E Punam Bachhaiwar; 'All sons and daughter of Late ManoharBachhaiwar. A11 residents of Vrihaspati Bazar, Tilak Nagar, Bilaspur (C.G.). 4 '~ RESPONDENTS : 1. y§mt Bimla Parkhi W/o Bhaskar Original Plaintiff Parkhi, R/o G~1 1 /4, Jawahar Decree H01der Nagar; Bhandara, Maharashtra, at present C/o B. R. Parkhi, 130, Nandanwan Colony, Housing Board, Hasanbag Road, Nagpur. Original Defendant! 2/ Manohar Bachhalwar S/o Sitaram judgment debtor Bachhalwar, Retired web Eo$ i5! (Since died) Ft WR/o Tilak Nagar, Nagar, BilaSpur (co). Q7 3; Smt. Suman Baidya W/ o Vallabh Vaidya, R/ o Kishorekunj, house of Jagdamba, Plot No.77, Bishret Badi Pune, through Murlidhar Sharma, Advocate, Bar Room, Bilaspur. 4. Smt. Varun Bhjardwaj, R/o P.W.D. Govt. Quarter CA/9/4, Murlidhar Shanna, Advocate, Bar Room, Bilaspur. Smt. Vidya Hastak W/o Vasant Rao Hastak, R/ o Maharastra Electricity Board, Qtr. No. 3/5, Officer's Qt. near New Milan Talkies, Shanta Kunj, West Bombay, through Murlidhar Sharma, Advocate, Bar Room, Bilaspur. Santosh, aged about 19 years; 7. Niraj, aged about 18 years; Suchita, aged about 2 years; .; All are sons and daughters of ' Suresh Bhamrkar, Raja Peth near Vathke Housing Amrad, Maharashtra. Original defendant 9. Suresh Bhamrkar, Postal Judgment debtor Department, Raja Peth near Vathke House Amraoti, Maharashtra. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA i EWWW mm . ? C ;17>.’\.W E200 2w M /w avém m (Wu) WWW mmm WWW%‘3Q%W ammm 3?sf§man%¥[ SB: HON’BLE SHRI JUSTICE N K. AGARWAL 2-7-2009 Shri M.K. Bhaduri, Adv. for the petitioner. Heard on admission. The instant petition is directed against the order dated 6-8- 2001 passed by 3W1 Civil Jud e Class I, Bilaspur in Execution Case No. 236-A/87 whereby the E ecuting Court has passed an order of auction in respect of the s t property in View of the preh‘minary decree of partition amongst e parties in which each party is havmg 1/7&1 share on the ground at the property cagnot be partitioned in 7 shares and, therefore, th consideration amount which may be received by seiling the property may be distributed amongst the parties. Shri M.K. Bhadum', learned counsel for the petitioner submits (t that the petitioner wants tc purchase the share of plaintin' i.e. respondent No. 1 and for that he will move an application before the I. / l_ mm @ c)~ZL¥&‘[4 [€53 .mEFtzoo WW,WEW N 31mm (Wu) a€wan& $ wna&aim$ 1mm ?%a&§m WW WW $aimm trial Coult and. this Com mz same 1‘11 accordance with law. The prayer is fair. There direction to the trial Court th: before it for above purposc, same in accordance with law. iy direct the trial Court to decide the fore, the petitioo is disposed ofwifh a it if the petitioiier files an application then the trial Court shall decide the With the aforesaid direction, the petition is disposed of, Sd/- NJC!Mgawal Judge