An interesting question, as to whether a decree holder and a judgment debtor can insist on auction of a flat under attachment, when the petitioners who are admittedly in possession of the said flat, are willing to satisfy the decree by paying the decretal amount, arises for consideration in the present petition.

2. The facts necessary for adjudication of the present petition are as under:

3. It is the contention of the petitioners that one Abdul Gafoor Khan was owner of a flat bearing no. A/5, Ravidarshan C.H.S. Ltd., Carter Road, Bandra (West), Mumbai 400 050. It is further contention of the petitioners that the father of the petitioners namely K.L. Malick entered into an agreement for purchase of the subject flat with the said Abdul Gafoor Khan Wazir Khan on 4th March, 1971. It is their contention that said agreement was witnessed by respondent no. 2 Joginder Singh Sawhney. It is also their contention that in pursuance to the said agreement, Shri K.M. Malick was put in possession of the said flat. It is contended by the petitioners that by mistake the Society issued share certificate in respect of the said flat in the name of respondent no. 2, who according to them was