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2023 Supreme(Bom) 43

SHARMILA U. DESHMUKH
Mahesh Rambhau Patil – Appellant
Versus
Shreeram City Union Finance Ltd. GPA Holder Rakesh K. Yewale – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. V.D. Salunke, Advocate
For the Respondent:Mr. V.Y. Bhide, Advocate

JUDGMENT :

1. Rule. With the consent of the parties, rule made returnable forthwith and heard finally.

2. By this petition, the Petitioners impugns the order below Exh.38 dated 13th September, 2022 passed in ARD No.284 of 2019. A perusal of prayer clause shows that the substantial prayer pertains to the quashing of the order below Exh.38 dated 13th September, 2022, however, the prayer clause “C” seeking interim relief seeks stay of the order below Exh.42 dated 25th November, 2022, in addition to the order passed below Exh.38 dated 13th September, 2022.

3. By the impugned order dated 13th September, 2022, the application filed by the decree-holder for preparing schedule of the place, date and time of proclamation of sale to be published in the daily Lokmat for sale of the property by public auction was allowed. Whereas, by the order passed below Exh.42 dated 25th November, 2022, the draft of the proclamation of sale of the attached/mortgaged property was approved and the auction sale was fixed at the location of the mortgaged/attached property on 15th December, 2022 at 11:00 a.m. Although, the substantial prayer does not impugn the order passed below Exh.42 dated 25th November, 2022, t

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