High Court's Sale Proclamation Order not implemented by Trial Court and huge delay
I am 80 years old. A case of T. S. 38 of 1972 partition suit. Plaintiffs filed application u/s-2 of P. Act. And allowed and accordingly RESERVED PRICE WAS FIXED BY LD COURT by appointing engineer /valuer in the year 2006.Auction bid was heard among the share-holders at the initiation of plaintiffs as per rule. DEFENDANT NO-20 IS ONLY BIDDER TO BUY THE SUIT PROPERTY MORE THAN THE RESERVED VALUE FIXED BY LD. COURT. NO SHARE HOLDER OBJECTED. THE LD. COURT REJECTED THE PETITION OF DEFENDANT NO 20 ON ground the reserved has to be escalated at present date. So the petn. Of defdt. 20 having reserved value fixed in the year 2006.&there will be loss of revenue ofGovt. So petn. Is rejected. Defdt. 20moved to Hon'ble HighCourt for revision of Trial Court's order 2018.Hon'ble High Court rejected the impugned order trial court on the ground that the Petitionner has no fault due delay in proceedings. The reserved value cannot be done since the petitioner took leave to buy u/s 3(1) of P. Act. And no one challenged the same. So there is no question of revaluation &here baby directed to 2nd Preliminary decree within 29th February, 2020 and sale proclamation to be drawn forthwith the earlier reserved value &consider offer value of defendant 20/Petitiomer.ItIs regretted Mote than one year passed yet
Again delay process is going on till now. High court has already given order of sales order but LD court is not even taking preliminary decrees and this is going for more than one year.
What to do?