A.M.KHANWILKAR, SANJIV KHANNA, J. - (1.) Heard learned counsel for the parties.
(2.) This appeal takes exception to the judgment and order dated 30.09.2009 passed by the High Court of Judicature at Bombay in Writ Petition No. 8412 of 2009; whereby challenge set forth by the appellants to the sale of the mortgaged property in question of the appellants by the respondent-Bank, has been negated.
(3.) The appellants have questioned the auction process inter alia on the ground that the land, mortgaged to the respondent-Bank was only 550 marlas, but possession of 784.5 marlas is being handed over to the respondent Nos.3 and 4 who have purchased the same in the sale by the Bank. This argument need not detain us in view of the stand taken by the respondent-Bank. According to the respondent-Bank and the said respondents, the land in question is undivided and 550 marlas of land will be given to them after it is demarcated. In other words, the sale in favour of respondent Nos.3 and 4 is only in respect of 550 marlas of land. Thus, after demarcation of 550 marlas of land the same will be made over to them. The appellant can participate in the process of demarcation, if so advised.;