1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9956 OF 2009 Dattatraya Tukaram Gavali .. Petitioner versus Prakash Shrikant Shirodkar & Anr. .. Respondents Ms.Ujwala S. Waychal h/f Mr.V.S.Deokar for the petitioner. CORAM : A.S.OKA, J. DATE : 3rd March 2010. P.C.: . Heard learned counsel appearing for the petitioner. The petitioner is the defendant-judgment debtor in a suit filed by the respondents. The money decree has been passed in a suit filed by the respondents. The money decree has been put to execution. The property of petitioner was attached in execution and was put to sale. An application was made by the petitioner at Exhibit 91 praying that the process of sale of the immovable property of the petitioner be stayed as certain cash amount has been taken by the respondents from the petitioner. By the impugned order, the said application has been rejected by observing that there was no defect either in publication or irregularity in auction sale. 2. When the petition was called on 2nd February 2010, the learned counsel appearing for the petitioner sought time to take instructions whether 2 decretal amount has been deposited by the petitioner. Today, the learned counsel appearing for the petitioner states that the amount has not been deposited but the respondents have deducted amount from the wages payable to the petitioner who has been employed as a labourer by the respondents. She, therefore, submitted that as the entire amount has been recovered by the respondents, the sale auction cannot proceed. 3. Even going by the submissions of the learned counsel appearing for the petitioner, the payment of amount has been allegedly made out of the Court. Unless procedure contemplated by Rule 2 of Order XXI of the Code of Civil Procedure, 1908 is adopted, the said payment cannot be taken into consideration by the executing Court. Therefore, no fault can be found with the impugned order by which directions have been given to the respondent/decree-holder to take further steps for sale of property in execution. Subject to what is observed above, writ petition is rejected. (A.S.OKA,J)