The State Of Maharashtra Thru ... vs Anandrao Bhiku Kshiragar Decd ...
2021 Latest Caselaw 16965 Bom

                                 1/2                     23 WP-8590-21.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO.8590 OF 2021


The State of Maharashtra through
Collector, Satara & Anr.                    ..        Petitioners
        Versus
Anandrao Bhiku Kshirsagar (deceased)
through LHRs & Ors.                         ..        Respondents
                                       ...

Mr.R.S.Pawar, AGP for the State/Petitioners.
Mr.Rahul More i/b Mr.D.D.Rananaware for the Respondent
Nos.1a & 1b.
                          ...

                          CORAM: BHARATI DANGRE, J.

DATED : 06th DECEMBER, 2021

P.C:-

1. Learned counsel appearing for respondent Nos.1a and 1b, on being served, seek some time on the ground that the copy of writ petition is not received by him.

Learned AGP is directed to supply a copy of the writ petition so that he would be in a position to defend the petition.

2. Learned AGP has expressed urgency in the matter, since according to him, a possession warrant has been issued on 01/12/2021 and the proceedings are fxed on 08/12/2021. Pertinent to note that the State/Petitioners is aggrieved by the

M.M.Salgaonkar

2/2 23 WP-8590-21.doc

order passed on 01/03/2017 by the learned Joint Civil Judge, Senior Division, Satara and further order dated 04/02/2019, rejecting the application of the Judgment Debtor fled under Section 47 of the CPC, pleading that the decree passed by the Civil Court is nullity.

The State kept quiet for all this period and is now, expressing urgency. If the State had realised the urgency, it ought to have moved the petition with utmost promptitude. In such circumstances, I deem it expedient to afford one more opportunity to the respondents to respond. At their request, re-notify for 20/12/2021.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar