Bombay High Court

ABASAHEB ANNASAHEB WADITAKE AND ANOTHERversusTHE MANAGER YASHWANT NAGARI SAHAKARI PATH SANSTHA LTD AND ORS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed as withdrawn.

Summary

The petitioners challenged the bid proceeding for a property in Gut No.19/1, village Khadit Khurd, alleging that the calculation under Order 21 Rule 66 of the Civil Procedure Code was not in line with the decree of 27‑04‑2007 and resulted in a substantially lower amount even at a 19% rate. They sought to contest the proclamation issued by the Executing Court and requested liberty to withdraw the writ and file an application before the Executing Court regarding the disputed calculations. During arguments it emerged that the auction had concluded with the highest bid of Rs 16,31,000 accepted from Yogesh Babasaheb Tagad. The Court, not inclined to entertain the writ, allowed the petitioners to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

Whether the writ petition challenging the calculation under Order 21 Rule 66 of the CPC can be entertained
Whether the petitioners may withdraw the writ petition and seek relief before the Executing Court

Legislation cited

Code of Civil Procedure, 1908

Subjects

bid proceeding
auction
Order 21 Rule 66
writ petition
withdrawal
civil procedure

Judgment

2026:BHC-AUG:40181
                                                 1                   919-WP.11613-26.odt


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                919 WRIT PETITION NO. 11613 OF 2026

                           ABASAHEB ANNASAHEB WADITAKE AND ANOTHER
                                           VERSUS
                          THE MANAGER YASHWANT NAGARI SAHAKARI PATH
                                     SANSTHA LTD AND ORS

                                                    ...
                          Advocate for the Petitioners : Mr. Jayabhar Shubham
                                               Dattatraya.
                                                    ...

                                           CORAM : MANJUSHA A. DESHPANDE, J.
                                           DATE : 02.09.2026

                     PER COURT :-


                     1.    The petitioners are challenging the bid proceeding

                     initiated in Regular Darkhast No.49 of 2007 with respect to

                     property situated in Gut No.19/1 of village Khadit Khurd,

                     Taluka Shrirampur, District Ahmednagar.


                     2.    According to the petitioners, the calculations in the order

                     passed by the Civil Judge Senior Division under Order 21 Rule

                     66 is not in accordance with the decree issued on 27.04.2007.

                     The amount stated in the order is much less even if calculated

                     at today’s rate @ 19%. Therefore, the said proclamation issued

                     pursuant to the orders passed by the Executing Court has been

                     challenged by the petitioners. During the course of arguments

                     made by the petitioners, it transpires that, the auction sale has
                             2                     919-WP.11613-26.odt


been successful and the highest bid of one Yogesh Babasaheb

Tagad has been accepted for the bid of Rs.16,31,000/-. In view

of the same, since this Court is not inclined to entertain the

aforementioned writ petition, the petitioners seek liberty to

withdraw the present writ petition and file appropriate

application before the Executing Court in respect of the

calculations which is disputed by the petitioners.


3.      Writ petition is dismissed as withdrawn.




                                 (MANJUSHA A. DESHPANDE, J.)

                                  ...

vmk/-

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