-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.349 OF 2000 WITH CIVIL APPLICATION NO.2235 OF 2000 Vijaykumar Shrikisan Bhayya & Anr .. Appellants. Vs. Ekta Nagar Police Aji/Maji Karmachari Sahakari Gruh Nirman Sanstha through its Manager Shri Manmath Tatyaba Kshirsagar .. Respondents. Mr.P.M.Shah for the appellant. Mr.Vineet B.Naik for respondent no.1. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATED : 29TH AUGUST, 2008. DATED : 29TH AUGUST, 2008. DATED : 29TH AUGUST, 2008. PC: PC: PC: . Heard Mr.Shah, the learned counsel for the appellants-defendants and Mr.Naik, the learned counsel for respondent no.1. 2. We have noticed that the decree impugned in this appeal was passed on 11.9.1995 and the defendants were directed to pay a sum of Rs.10,22,000/- to the plaintiff’s society alongwith future interest at the rate of 18% per annum since the date of suit till realisation of the whole amount. The suit claim of the plaintiff against defendant nos.3 to 16 was dismissed. 3. Though this appeal was filed on or about -2- 16.1.1996 there was no interim order passed. Special Darkhast No.9 of 1996 came to be filed by the plaintiff before the executing court at Solapur. The decretal amount reached to the total of Rs.27,30,434.90 Ps. On the prayer made by the plaintiff the properties of defendant nos.1 and 2 were attached by the Executing Court. Defendant no.1 Shri Vijaykumar Shrikisan Bhayya died during the execution proceedings and, therefore, his wife - Smt.Alka Vijaykumar Bhayya and son - Alok Vijaykumar Bhayya were brought on record as his LRs as judgment debtor nos.1A and 1B. On 27th February, 1999 all the six properties were attached and subsequently they were put to auction sale in accordance with Order XXI Rule 66 of the Code of Civil Procedure by issuing a sale proclamation. Defendant Nos.1 and 2, therefore, rushed to this court by filing Civil Application No.9172 of 2000 and on 20.12.2000 this court passed the following order: "Until further orders, auction sale not to take place of the property of the petitioner in execution. The petitioner (appellant) is permitted to serve the respondents by Hamdast. Notice returnable on 5.2.2001". 4. On 20.2.2001 the appellant sought leave to withdraw the application and leave was granted. The order passed on 20.12.2000 was vacated. -3- 5. It appears when the properties were put to auction the judgment debtor Nos.1A and 1B filed the application below Exhibit-74 and deposited amount of Rs.16 Lacs by cheque dated 10.10.2000 as and by way of security. On 12.10.2000 a compromise pursis on behalf of the judgment debtor 1A and 1B and the decree holder was filed and in pursuance of this compromise pursis and having regard to the fact that the judgment debtor Nos.1A and 1B have paid the amount of Rs.16 Lacs that the properties belonging to them and described in the schedule were released. With regard to balance amount of Rs.20,65,000/- the property of defendant no.2 Shri Sureshkumar Bhayya had been put to auction. After civil application No.9172 of 2000 was withdrawn, the property of defendant no.2 was also sold. It is for these reasons that Mr.Naik submitted that the execution proceedings have been concluded and the impugned decree has been executed. Consequently, nothing further survives in this appeal. 6. Hence the appeal is dismissed as infructuous. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.) (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)