1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 69, 71, 83 OF 2010 Sk. Siddiq Sk. Supdu Vs. Mahamud Kha Fakira Kha & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. S. P. Bhandarkar Adv for appellant. Mr. S. S. Ghate Adv for respondent 7. CORAM: K. U. CHANDIWAL J. DATED: 11 th AUGUST, 2010. Heard. Learned counsel appearing for respondent no.7, Janta Central Cooperative Bank Limited informs, the property was mortgaged to the bank. It has been put to auction. Auction is knocked in favour of the highest bidder, which was after rejection of such application moved by plaintiff 2 before the learned Civil Judge Senior Division Buldhana. Shri Ghate learned counsel submits, he is not served with the copies of present Appeal Against Order which was incumbent upon the appellant. The nature of controversy in the three matters relate to plaintiff's assertion to be a purchaser of property having entered into an agreement of sale and parted earnest. The assertion of possession of plaintiff was found to be erroneous and not supported by any relative document except bare words in the agreement. None of the adjoining occupier or any entries supported plaintiff's assertion. Added to it is, the subsequent development as highlighted herein above. The transaction between the bank, or even subsequent purchaser through the bank shall be subject to the pending litigation initiated by the plaintiff, against the owners seeking 3 specific performance of the contract. With the above observations orders under challenge, are not disturbed, remain unaltered. All the three Appeal Against Orders and other applications disposed of. JUDGE svk