Hon'ble Dr. KOTHARI, J.—This application has been filed by one Sumesh son of Mani Ram by caste Ganchi claiming himself to be the power of attorney holder of applicant Laxmi Narayan son of Girdhari Lal Sharma aged about 80 years resident of Kudi Bhagtasani Housing Board, Jodhpur represented by learned counsel Mr. M.C. Bhoot. In the said application, it has been claimed that final bid in respect of auction of property belonging to Puri Brothers situated at Sojati Gate may be confirmed with the condition that prospective purchaser will get only the legal possession of the land measuring 17x15 ft. and the possession of said applicant over the said portion of the land may not be disturbed, on which he says that he is in possession of a cabin located at the said property.

2. It may be stated that this litigation has a chequered history and a partition suit is pending since 1965 in which the preliminary decree for partition passed by the trial Court came up before this Court in four writ petitions in which detailed order was passed on 23.5.2008 directing the auction of the properties belonging to said Puri Brothers and the said detailed order of this Court came to be challenged by the one of the parties before the Hon'ble Supreme Court namely SLP (Civil) No. 24344/2008, which came to be dismissed by the Hon'ble Supreme Court on 20.10.2008.

3. Thereafter, two of the properties of the said family were auctioned by a high powered Auction Committee and the sale thereof were confirmed by this Court and the auction proceeds were disbursed in the various stake holders of the said family and the vacant possession of the said properties were handed over to the auction purchasers.

4. In the previous auction proceedings also some objections were raised and one such applicant as is before this Court now, another applicant had also approached this Court by way of similar application claiming to be tenant over the portion of that property and raised objection against his dispossession. Overruling the said objection, the Court directed delivery of vacant possession to the auction purchaser with police aid, if necessary, to the high powered committee constituted by this Court and thus those auction were successfully carried out.

5. Now the vacant plot of land measuring 10532 sq. ft. situated at prime location of Jodhpur City near Sojati Gate, property at item No.11, was put to auction under the directions of this Court by the same High Powered Committee comprising of two retired District Judges and one person from the Insurance Sector. Said auction was carried out after duly publishing the advertisement and the sale in favour of highest bidder at Rs. 7.85 crores was confirmed by this Court on 21.1.2010. The said auction was also confirmed after overruling the objection of one Rameshwar Lal Rathi, who also participated in the said auction proceedings and sought to offer marginally higher price to unsettle the said highest bid, however, his objections were overruled and the sale in favour of the highest auction bidder was confirmed by this Court on 21.1.2010 and the auction proceeds were directed to be disbursed in the various stake holders of the said Puri family after meeting the incidental expenses. In this background the present application filed by one Sumesh Gandhi claiming himself to be the Power of Attorney Holder of one Laxmi Narayan came up before this court and arguments were heard of the counsels.

6. Mr. M.C. Bhoot, learned counsel appearing for the said applicant submitted that the said applicant Laxmi Narayan was a tenant of a cabin (Temporary Structure) put up on the front portion of the land on Main Sojati Gate Road and, therefore, with the said auction his tenancy rights maybe protected and he may not be dispossessed from the said land. Along with the said I.A. No. 1028/2010, learned counsel has produced Annex.1. A copy of the letter dated 31.7.1979 from Shanker Puri Goswami, Receiver of Lal Puri Khumanpuri's HUF Properties to one