IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 11.2.2008. 1.S.B. CIVIL MISC. APPEAL NO.408/1993 Ramji Lal & Ors. Vs. Kishan Gopal & Ors. 2.S.B. CIVIL MISC. APPEAL NO.407/1993 Shiv Charan Vs. Kishan Gopal HON'BLE MR. JUSTICE DALIP SINGH ShrI G.K. Garg, for the appellants. Shri L.L. Gupta, for the respondent-auction Purchaser. These two appeals by the objectors who filed their objections in respect of auction sale conducted by the court of khasra No.2381/972 situated in town Nadbai district Bharatpur. The aforesaid Khasra No.2381/972 was adjudged to be the property of Kishan Gopal who was declared as an insolvent in insolvency proceedings by the learned District Judge, Bharatpur. The matter came up in the appeal before the Hon'ble High Court and after deciding the objections filed by the various parties it was ultimately held that khasra No.2381/972 measuring 8 biswas was the property of the insolvent who alone had title over the same and the partners of firm M/s. Makhan Lal Ratan Lal had no right, title or interest in khasra No.2381/972 and the other khasra numbers were excluded as per the judgment dated 23.4.1973. Consequently the attachment of the same was ordered and auction sale for realization of the debt amount owed by the insolvent, Kishan Gopal. After the judgment of the High Court dated 23.4.1973 the khasra No.2381/972 situated in the town of Nadbai measuring 8 biswas was auctioned on 12.1.1975 and the respondent Budhiram was the highest bidder and his bid was accepted and sale in his favour was ordered to be confirmed. The appellant Ramji Lal and Shiv Charan in both these appeals objected before the learned District Judge that their property had been included in the auction sale even though the same was not part of khasra No.2381/972. The learned District Judge took pains to decide the aforesaid objections after having recording the evidence in that behalf and ultimately by the impugned judgment dated 6.7.1993 dismissed the application filed under Section 4 of the Provencial Insolvency Act, 1920 filed by the appellants. Though the learned counsel for the appellant submitted in details and re-iterated his submission which was raised before the learned District Judge it was suggested that since the dispute is with regard to the identity and specific demarcation as well as the location of khasra No.2381/972 measuring 8 biswas which was held to be the property of the insolvent Kishan Gopal, the learned District Judge may be directed to to send a recquision to the Collector to appoint the Tehsildar along with his subordinates to carry out the survey on ground of khasra No.2381/972 situated in town of Nadbai which was in the khatedari of Kishan Gopal, as per the survey record prevalent at the time when the S.D.O. Conferred the khatedari rights on Kishan Gopal of khasra No.2381/972 vide order dated 24.7.1974 in file No.269/1974 and after identifying the same on ground as per revenue records demarcate the same. The Tehsildar on appointment by the Collector be informed by the court about the date on which he shall carry out the survey on the ground and demarcate the khasra No.2381/972. The learned District Judge shall direct the Nazir to remain present during the course of aforesaid proceedings as well as the parties along their counsels and so soon the demarcation is completed the Nazir shall handover the possession of the demarcated area of khasra No.2381/972 to the auction purchaser. The parties are directed to appear before the learned District Judge, Bharatpur on 10.3.2008. The learned District Judge looking to the fact that the petition for insolvency was filed as the year of 1963 and the auction purchaser, had purchased the property in the year 1975 shall take steps to dispose of the matter preferably within two months of the receipt of the copy of this order. The appeals as well as the stay applications are disposed of as above. The record be returned along with a copy of this order to the court below forthwith. (DALIP SINGH),J. Ramchandrkhatri,PS