1 C.A.No. 9567 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.9567 OF 2011 IN FIRST APPEAL NO.1743 OF 2007 Shahaji Tatyasaheb Bhujbal ..APPLICANT VERSUS Indumati Chandrabhan Zaware & anr. ..RESPONDENTS WITH CIVIL APPLICATION NO.9568 OF 2011 IN FIRST APPEAL NO.1751 OF 2007 Digambar Tatyasaheb Bhujbal ..APPLICANT VERSUS Chandrabhan Chimaji Zaware & anr. ..RESPONDENTS Mr Shailesh P. Brahme, Advocate for the applicant; Mr N.K. Kulkarni, Advocate for respondent no.1; Mr V.D. Hon, Advocate for respondent no.2 CORAM : MRS MRIDULA BHATKAR, J. DATE : 20th September, 2011 PER COURT : These two applications are made by respondent no.1 in appeal i.e. original plaintiff to set aside public auction which was scheduled on 2 C.A.No. 9567 of 2011 30.8.2011 vide public notice dated 21.7.2011, published in newspaper Sakal, dated 27.7.2011. Since both the applications are made in appeals which are tagged with each other, they are being decided by this common order. 2. The applicant/original plaintiff had filed suits for specific performance against respondent no.1/appellant. Respondent no.1 is the owner of the suit lands and has entered into an agreement of sale in respect of the two lands on 3.8.2001. The suit was decreed by judgment dated 4.10.2007. The said lands were mortgaged with respondent no.2, i.e. Vividh Karyakari Seva Sahakari Society on 11.2.2000. The dates disclose that the suit property was mortgaged prior to the agreement of sale and respondent no.2 society was not a party to the suits. Respondent no.2 society is not party to the appeals also. Respondent no.2 society has issued the public notice for the auction of the mortgaged suit lands against which respondent no.1 had taken out loans of Rs.1,87,023/- and Rs.1,72,000/- against two suit lands. The said amount was not paid by respondent no.1/appellant. The amount has remained unpaid. The total amount has increased and now it is Rs. 5,00,936 and Rs.4,36,690/-, and thus total amount of the mortgage money of two lands comes to Rs.9,27,632/-. Thus, the amount approximately reaches to Rs.11,00,000/-. Respondent no.2 society is justified in giving public notice for the auction and hence no stay can be granted against the public auction. 3 C.A.No. 9567 of 2011 3. Learned Counsel for the applicant submits that respondent no.1 is a decree holder and is a purchaser of suit lands and hence is interested in the property and, therefore, is ready and willing to satisfy the mortgage amount by paying amount of Rs.11,00,000/- to respondent society. 4. Learned Counsel appearing for respondent society submits that if the applicant is ready to deposit amount of Rs.11,00,000/-, then the society accepts the said proposal and is ready to accept the mortgage money to satisfy the loan of the society. 5. Learned Counsel for the applicant seeks three weeks time. Time granted. 6. Applicants to deposit an amount of Rs.11,00,000/- and outstanding amounts, if any, to respondent society, within three weeks, i.e. on or before 10.10.2011. On failure of the same, respondent society may proceed with public auction. Learned Counsel for respondent society submits that till 10.10.2011 respondent society will not go for public auction of the suit lands. With the above directions, both Civil Applications are disposed of. ( MRS MRIDULA BHATKAR, J.) amj/ca9567.11