VINEET KOTHARI, J. - (1.) After prolonged hearing at interim order stage today and on earlier occasions of these two appeals against the order dated 25.04.2015 passed by the learned Additional District Judge No.3, Bikaner appointing the Receiver, Mr. Brijratan Vyas, Advocate over the suit property in question, namely a house admeasuring 29 feet x 17 feet = 505 square feet (approximately) in the main area of Bikaner, and in the present suit filed by the plaintiffs-respondents for dissolution and rendition of accounts, in respect of the Partnership Firm, M/s.Chandratan Heeralal, which according to the plaintiff-respondents stood dissolved upon the death of one of the partners, Prabhudayal on 30.05.2014, and thereafter, the business of polishing of gold and silver jewellery is being carried on by the other partner, Dev Prakash with a third person, one Mr.Rameshwar, this Court is of the considered opinion that the interim order passed by this Court earlier on 28.05.2015 and on 29.05.2015 in the connected S.B. Civil Misc. Appeal No. 958 of 2012 - Dev Prakash and Anr. v. Smt.Indra and Ors. , when the parties had appeared in person on account of lawyers' strike on 29.05.2015, the said interim orders deserve to be modified and the suit property, namely, the aforesaid house situated on 505 square feet of land in Luharon Ka Mohalla, Naya Kuan, Bikaner deserves to be put to court auction to ascertain and realize its current fair market value. Since the parties to the present dispute are also engaged in another litigation in a separate partition suit, for which, S.B. Civil First Appeal No. 209 of 2003 - Multanchand v. Jhanwarlal and Ors. is also pending in this Court, involving the aforesaid suit property also and the appointment of Receiver may unnecessarily put the suit property in a disuse.
(2.) Accordingly, the learned District Judge, Bikaner is directed to form a Committee of two judicial officers under him, as may be deemed appropriate by him to hold a court auction of the aforesaid suit property under this order within a period of one month from today. To meet the incidental expenses for holding the said process of court auction, both the sides are directed to deposit Rs. 20,000/- (Rupees Twenty Thousand only) each with the learned District Judge, Bikaner within one week from today, for which a separate account may be maintained.
(3.) After holding the court auction and realization of the ?th of the highest bid on the spot on the same day, a report of the said court auction may be sent to this Court for final approval of the auction/sale in favour of the highest bidder and further directions for realization of the remaining ?th amount from the auction purchaser and distribution thereof. The learned counsels at the Bar informed the Court that the current fair market value of this property may be around Rs. 2-3 crores approximately. Therefore, the learned District Judge, Bikaner may fix the minimum reserve price of the said suit property at Rs. 2 crores, while issuing the auction notice. The adequate publicity by leaflets, posters, including affixture of the notice on the suit property itself, publication in the local newspaper and drum beating may be undertaken by the said Committee to be appointed by the learned District Judge, Bikaner for fetching the best possible fair price for the said suit property. It may also be indicated in the auction notice that the peaceful and vacant possession of the suit property will be handed over to the highest bidder/auction purchaser. Presently, the defendants-appellants are in possession of the suit property and the appellants-defendants have assured this Court that upon the finalization and approval of the auction by this Court, they will hand over the peaceful and vacant possession of the suit premises, under the directions of this Court.;