1 CR.W.P.NO. 592/2007 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.592 OF 2007 ( Shrikishan s/o Ganpatlal Jaiswal Vs. The State of Maharashtra and others) ------------------------------------------------------------------ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Amol P.Nikam, Adv., for the petitioner. Mr. S.G.Nandedkar, APP for State. Mr. V.T.Sakolkar, Adv., for R.5. Mr. C.S.Pawar, Adv., for R.3. Mr. V.B.Kale, Adv., for R.4. ... CORAM: K.U.CHANDIWAL, J. DATE:June 14th, 2011 1. Heard. In maintenance proceedings, property belonging to respondent no.4 Dadarao came to be attached and it was put on auction, allegedly purchased in the auction by respondent No.5 Shivaji. 2. On an application moved before the learned Judge, Family Court at Aurangabad, on consideration of the legal provision, the sale/auction of the disputed property was set aside in terms of non compliance of Order 21 Rule 66(a) to (e) and in terms of Order 21 Rule 95 of C.P.C. Immediately after the auction, within short duration, the 2 CR.W.P.NO. 592/2007 applicant herein allegedly purchased the said property for an amount of Rs. 1,01,000/- and claims to be in possession thereof which, prima facie, rebels the record. Even otherwise, the present applicant, though claims to be a bona fide purchaser, does not show that the property was subject of charge, and proceedings thereof being not followed so far, it was required to be set aside by order dt.24.7.2006. In the situation, I do not see any error on the part of the learned Judge in setting aside the sale of the disputed property bearing CTS No. 517, situate at Harsul, Tq. and dist. Aurangabad and, consequently, any such transaction by auction purchaser, in favour of the applicant has become null and void. The applicant, if has any other remedies, if advised, he may exhaust. Writ Petition lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/592-07crwp