JUDGMENT-The petitioner is decree holder. He obtained a Decree on the Original Side of this Court in Summary Suit No. 712 of 1967 against the respondent for a sum of Rs. 33.517 on the 14th June 1968. He then took out execution after getting the Decree transferred to the Court of the Civil Judge, Senior Division, Alibag That was Special Darkhast No. 28 of 1969 in that Decree, the petitioner got two lands from Village Salav, Taluka Murud, being Survey Nos. I and 66 /1B attached in execution. The property 'was put up for up sale and the sale proceedings began from January 1972. The 'sale was adjourned on various occasions for want of bidders on as many as 'twenty occasions.

2. Finally on the 10th August, 1973 the petitioner applied to the Civil Judge, Senior Division, Alibag, for permission to bid. In view of the fact 'that n{) bidders were coming forward though Public Notice as well as Notice in the ,newspapers were widely circulated, that permission was granted and the petitioner gave a bid for Rs. 21,101. He was also allowed the set-off on 'that amount against his decretal dues. The confirmation proceedings were, however, pendif1g and the sale was not confirmed.

3. In the meantime,

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