THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.21065 of 2010 ORDER : The petitioner is the brother of the 3rd respondent. He has filed this Writ Petition aggrieved by the proposed auction of a shop bearing No.587, situate in Ward No.12, P.N.Road, Adoni, Kurnool District pursuant to auction notification dated 16- 08-2010 published in the daily newspaper dated 17-08-2010 contending that the said premises is a joint family property. Briefly stated the facts are that, the 3rd respondent borrowed a sum of Rs.12,00,000/- on 03-12-2004 from the 2nd respondent-bank mortgaging a house bearing Door No.13/181 as security. The 3rd respondent defaulted in repayment of the loan amount and the secured asset was sold in pursuance of an award passed by the Cooperative Tribunal, Andhra Pradesh, Hyderabad in E.P.No.16 of 2008 in O.P.No.4 of 2007. As the amount realized through the sale was not sufficient, the bank filed a petition before the sale officer, who initiated proceedings under the A.P. Cooperative Societies Act vide orders dated 12-03-2010 by attaching the shop bearing No.587, situate in Ward No.12, P.N. Road, Adoni, Kurnool District. It is the case of the petitioner that the said property is a joint family property in which he has a share, therefore the same is not liable either for attachment or sale, at least to the extent of his share. The petitioner also submitted an objection on 20-03-2010. As the Sale Officer-1st Respondent herein was proceeding in pursuance of the said notice, the petitioner filed his claim petition on 20-08-2010 seeking adjudication of his claim in respect of his share in the property. It is stated that so far no orders have been passed. As the 1st Respondent still persisted to proceed with the sale, the petitioner has filed the present writ petition for the aforesaid relief. It is stated that a suit O.S.No.29 of 2010 filed by the sisters of the petitioner and the 3rd respondent for partition is also pending in the Court of the Senior Civil Judge, Adoni. Evidently there is no dispute that the subject shop bearing No.587 is not a secured asset. The asset which was mortgaged was sold and some amount was realised, which is said to be insufficient to discharge the loan amount borrowed by the 3rd respondent. There is also no dispute that the petitioner is the brother of the 3rd respondent and that he has filed a claim petition claiming a share in the subject property. Under Rule 52 (21)(a) where any claim is preferred or any objection is made to the attachment of any property on the ground such property is not liable to attachment, it shall be investigated into subject to the exception that such investigation is not necessary when the sale officer considered the claim or objection as frivolous. It is the admitted case that the objection of the petitioner submitted on 20-08-2010 has not been rejected as frivolous, in such an event it is incumbent on the 1st respondent-Sale Officer to consider the claim and pass appropriate orders in accordance with law. The learned counsel appearing for the respective parties would therefore fairly submit that the 1st respondent-Sale Officer be directed to consider the claim petition filed by the petitioner and pass appropriate orders before any action is taken for the sale of the said property. In view of the aforesaid facts and circumstances, I deem it appropriate to dispose of the writ petition directing the 1st respondent-Sale Officer to consider and dispose of the claim petition dated 20-08-2010 filed by the petitioner against the proceedings dated 12-03-2010 issued in pursuance of E.P.No.16 of 2008 in O.P.No.4 of 2007 by passing appropriate orders, without reference to the pendency of the suit. The 1st respondent shall decide the matter as early as possible preferably within a period of eight weeks from the date of the receipt of a copy of the order. Till orders are passed, the petitioner shall not alter the physical features or alienate or otherwise encumber the subject property. Likewise, the 1st respondent shall not confirm the sale pursuant to the auction held under the notice dated 16-08-2010 till final orders are passed. The Writ Petition is accordingly disposed of. No costs. ________________ NOUSHAD ALI, J. 05th September, 2011. Note : issue C.C. in one week. B/O Skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.21065 of 2010 Date : 05-09-2011 Between : Gattu Nagabhushan Rao .. Petitioner And The Sale Officer/Assistant Registrar (Credits) O/o the Divisional Cooperative Officer, Adoni, Kurnool District & 2 Others .. Respondents