JUDGMENT :

Madan B. Lokur, J.

1. Leave granted in S.L.P.(C) No. 21229 of 2007.

2. A narrow question arises for consideration in these appeals, namely, whether the Allahabad High Court was right in setting aside a confirmed auction sale despite there being no objection to it. In our opinion, the High Court was in error in setting aside the auction of the land belonging to the private respondents (Alok Mitra, Ashok Mitra, Deepak Mitra, Manmohan Mitra and Madhurima Ghosh) and thereby prejudicing the rights of the appellants.

3. The private respondents were having businesses under the name and style of Mitra Prakashan Ltd. and Maya Press Ltd. It appears that the businesses were not successful and they fell in debt being unable to pay the workmen or even pay closure compensation.

4. This led the workmen to approach the Labour Court which decided in their favour resulting in the private respondents having to shell out a huge amount of about Rs. 56 lakhs towards unpaid dues. Since the amounts were not paid despite a citation and recovery certificates, the property/vacant land of the private respondents being 1877.88 sq. yards in Plot No.4-A/4(1A/A) Hashimpur Road, Allahabad was attached.

5. Sub