1. - The matter comes up on an application No.16539 dated 11.04.2012 filed by the petitioner under Article 226 of the Constitution of India for taking additional documents on record.

2. For the reasons stated in the application, the application is allowed and the documents are taken on record.

3. Heard the matter on admission.

4. The petitioner has approached this Court seeking a directed to restrain the respondents from dispossessing him from the land bearing Plot No.AMC No.69/1, village Rati Dang, Alakhnanda Colony, Ajmer.

5. The facts of the case are that Plot No.69/1, village Rati Dang, Alakhnanda Colony, Ajmer admeasuring 377.41 Sq. Mtr. was mortgaged with the State Bank of Bikaner & Jaipur (hereinafter 'SBBJ Bank') in the course of a credit facility availed by M/s Anita Syntex Pvt. Ltd. Jaipur. The plot in question was standing in the name of Shri Anil Modi who created equitable mortgage by deposit of title deed of the plot in question with the Bank.

6. That on account of default of the borrower M/s Anita Syntex Pvt. Ltd. in failing to discharge repayment obligations on account of credit availed from the Bank, an application for recovery of outstanding due as payable to the Bank by the borrower was filed under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter 'DRT Act of 1993') before the Debt Recovery Tribunal, Jaipur (hereinafter 'DRT') on 23.04.2002 wherein Anil Modi, the mortgagor was also impleaded inter alia as a party-defendant (O.A. No.160/2002). All the defendants contested the recovery application. The DRT Jaipur allowed the said O.A. issued a recovery certificate in favour of SBBJ Bank vide its judgment and order dated 13.05.2003 and against all the defendants including M/s Anita Syntex Pvt. Ltd. and Anil Modi for recovery of an amount of Rs. 1,07,89,040/- with interest @ 10% per annum from 23.04.2002 till the date of final realization. The DRT, Jaipur also ordered that the amount indicated in the recovery certificate be realised from sale of all immovable property mortgaged with the Bank qua the outstanding. That the defendants did not discharge their liability on account of the amount of the recovery certificate issued against them despite notice. Consequently, an execution application was filed against all defendants by the SBBJ Bank before the Recovery Officer, DRT, Jaipur. During the pendency of the recovery application, the SBBJ Bank assigned its debts to ASREC (herein respondent No.3) and therefore the said company was substituted as certificate holder in the said recovery / execution proceedings pending before the Recovery Officer, DRT, Jaipur. In compliance with the recovery certificate dated 13.05.2003, the property belonging to defendant No.6, Anil Modi (Plot No.AMC, 69/1, village Rati Dang, Near Alakhnanda Colony, Ajmer) mortgaged with the SBBJ Bank was ordered to be put to auction by the Recovery Officer on 06.09.2010.

7. In pursuance to the order dated 06.09.2010, the Recovery Officer, DRT, Jaipur issued a proclamation of sale on 13.09.2010. The said proclamation of sale was also pasted on the spot i.e. Plot No.AMC, 69/1, Rati Dang, Near Alakhnanda Colony, Ajmer on 20.09.2010 in the presence of two witnesses as required and was also got published in daily newspaper i.e. Dainik "Navjyoti, Ajmer" Ajmer Edition on 12.10.2010 with clear terms and conditions of the auction. The property was auctioned on 21.10.2010 and the highest amount of Rs. 12.10 lacs was offered by one Devendra Kumar Gelada (herein respondent No.4) who deposited the entire sale consideration whereupon an order of confirmation of sale of immovable property i.e. Plot No.AMC, 69/1, Rati Dang, Near Alakhnanda Colony, Ajmer was issued in favour of Devendra Kumar Gelada on 16.12.2010 by the Recovery Officer, DRT, Jaipur. No objections to the auction/sale duly published appear to have been raised by the petitioner under the Provisions of Rules 60, 61, 62 of the Second Scheduled to the I