1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.215 OF 1997. Pundlik s/o Manohar Turerao - PETITIONER VERSUS 1) Jamilabegum w/o Salam and Others. - RESPONDENTS ***** Mr.SS Choudhari,Advocate for Petitioner; Mr.MV Deshpande, Advocate for Resp.Nos.1 & 2. ----- CORAM : K.U.CHANDIWAL,J. DATE : 19th November,2010. PER COURT: 1) Heard both sides. On 28.11.1997 Rule with interim relief in terms of prayer clause (C) was issued, which is still operating. 2) In Execution proceedings, petitioner asserted to be purchaser of the property based on agreement of sale dated 13.4.1994 and said property was subject of execution attaching and selling the property. Survey No.8 was purchased by the petitioner from the Respondent No.3 (i.e. Judgment debtor in Darkhast). The petitioner 2 requested the learned Executing Court to delete Survey No.8 from attachment and release the property. The learned Civil Judge, Senior Division, directed issuance of Sale Proclamation by orders on Exhibit-128. The learned Judge, noticing that objection petitioner or his advocate remained absent, directed issuance of Sale Proclamation, permitting the petitioner herein to participate in the bid, if he so desires. 3) The record illustrated, by order below Exhibit-94 in the said Special Darkhast No. 15/1989, the learned Judge to safeguard interest of the petitioner, has directed him to deposit Rs.70,000/- (Rupees seventy thousand) in the Court and to adjust the same towards balance sale consideration in consultation with JD No.1 till 18.3.1996. This order of the learned Judge is perfectly maintaining the equities and should have been honoured by the petitioner. However, record illustrate, he having failed, Sale Proclamation was issued on 25.4.1996. 4) I do not see any error on the part of the learned Executing Court in issuing Sale Proclamation. However, in the interest of justice, though the matter is dragged for 14 years, additional opportunity is given to the 3 petitioner to deposit Rs.70,000/- (Rupees seventy thousand), pursuant to the order dated 8.3.1996 before the learned Executing Court in said Special Darkhast No.15/1989 up to 21st January, 2011. If the petitioner fails to deposit the aforesaid amount before the Executing Court, the Sale Proclamation in terms of order dated 25.4.1996 be issued. 5) Civil Revision Application disposed of with above indication. Rule discharged. No costs. (K.U.CHANDIWAL) JUDGE bdv/