1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT 1.DB Special Appeal (Writ) No. 192/2010 in SB Civil Writ Petition No. 7403/2009 Mrs Mamta Agarwal & anr Vs The District Collector, Sawai Madholpur & ors 2.SB Civil Writ Petition No. 7403/2009 Mrs Mamta Agarwal & anr Vs The District Collector, Sawai Madhopur & ors 30.4.2010 Hon'ble the Chief Justice Mr Jagdish Bhalla Hon'ble Mr Justice MN Bhandari Mr Ram Rakh Sharma – for petitioners-appellants Mr Mahendra Shandilya – for respondents No.2 and 3 BY THE COURT: By this appeal, a challenge has been made to the order dated 3.2.2010 whereby stay order, passed in the writ petition on 17.7.2009, was vacated. It is submitted by learned counsel for petitioners- appellants that while passing the stay order dated 17.7.2009, learned Single Judge directed for payment of Rs.2,50,000/- within 2 a period of one month. Direction aforesaid was complied with. There was further direction for payment of instalments as and when become due. Initially, there was default in payment of instalments but now all the due instalments have been paid. Thus, in the changed circumstances, petitioners-appellants may be protected by an appropriate order more so when they will pay all future instalments in time and in case of default, respondents-Bank may be given liberty to take action as per provisions of law for auction of the property. Learned counsel for the respondents-bank submits that if petitioners-appellants are ready to pay the amount of instalments as and when become due without default and, in case of default, liberty is given to the bank to auction the property as per provisions of law, then while disposing of the appeal with the aforesaid, writ petition itself may also be decided. Learned counsel for petitioners-appellants has no objection if the writ petition is also decided by the Division Bench. In view of prayer made by both learned counsel for the parties, writ petition was also got listed before us. 3 In view of submissions made by learned counsel for the parties, it has come that the petitioners-appellants have already paid the amount of instalments up-to-date and further undertake to pay the same in time as and when become due. We are of the view that the writ petition itself can be disposed of taking note of aforesaid, more so when it is further agreed by learned counsel for the parties that in case of default in payment of instalments in future, respondents-bank would be having a right to auction the property as per provisions of law. In view of aforesaid, the appeal as well as writ petition are disposed of with the following directions:- 1. As agreed by learned counsel, petitioners-appellants will pay future instalments in time i.e. without default. In case of default, respondents-bank would be at liberty to auction the property as per provisions of law. 2. The payment of Rs.2,50,000/- pursuant to the interim order of this court has already been made and is being adjusted towards due instalments with further payment of instalments after passing of the stay order though with some delay. Hence, the amount so paid pursuant to the interim order passed by this court would be towards payment of instalments. 4 3. In view of aforesaid directions, respondents will not take further action in the matter at this stage. However they are not restrained to take further action as indicated above in case of default in payment of instalments in future. (MN Bhandari), J. (Jagdish Bhalla) CJ bnsharma