1 wp6508-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6508 OF 2011 Siddhivanayak Nagari Co-op Pat Sanstha ... Petitioner Versus Bhaskar Rambhau Gavli and others ... Respondents Mr. Anilkumar Patil for the petitioner CORAM : R. Y. GANOO, J. DATED : 22nd September, 2011 P.C. 1. Respondent no.1 Bhaskar objected to the recovery proceedings initiated by the petitioner through Regular Darkhast No.59 of 200 which came to be filed in the Curt of Joint Civil Judge, Junior Division, Pimpalgaon-Baswant, District Nasik on the ground that the property No. 198, more particularly described in order dated 21st February, 2011, passed below application Exh.32, which is challenged in this petition, belongs to him and he has nothing to do with the loan transaction between the petitioner and the borrowers. That application below Exh. 32 is in the nature of raising of attachment, consequently stopping sale. The learned Judge, by order dated 21st February, 2011, has stayed the auction of the disputed building. Learned advocate for the petitioner 2 wp6508-11 contended that on account of this order, the property, which is liable to be sold for recovery of the dues of the petitioner, is not being sold and right of the petitioner as set out in the decree and interest of the petitioner is being affected. 2. Perusal of the record shows that the applicant, by the application below Exh.32 wanted to contend that his property is being sold without his having any connection with the loan liability. The learned trial judge took the correct view because, unless the objection raised by application Exh.32 is settled and decided, the property cannot be sold. 3. For the aforesaid reasons, no interference is required in the impugned order. The petition stands dismissed at the stage of admission. 4. There shall be no order as to costs. (R. Y. GANOO, J.)