Ajit Chandrakant Naik And Another vs Nanda Khanderao Bandgar And ...
2021 Latest Caselaw 2075 Bom

                                        1              13-WP.1960-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      13 WRIT PETITION NO.1960 OF 2021

                AJIT CHANDRAKANT NAIK AND ANOTHER
                             VERSUS
              NANDA KHANDERAO BANDGAR AND ANOTHER

                                      ...
              Advocate for Petitioners : Mr. Kulkarni Krishna K.
                                      ...

                                CORAM :      V. K. JADHAV, J.

                                DATE :       01.02.2021

     PER COURT :-

1. Heard the learned counsel for the petitioners at length.

2. By order dated 02.03.2020, below Exh.40 in R.D.No.71

of 2000, the Executing Court has allowed the application filed

by the Decree Holder for inclusion of the petitioners, as party

respondents in the proceedings as Judgment Debtors. Though

the learned counsel for the petitioners has raised various

objections, however, the petitioners are at liberty to raise all

those grounds in the pending execution proceeding and the

order impugned is only to the extent of allowing the

application filed by the Decree Holder Exh.40 impleading the

present respondents as Judgment Debtors to the execution

2 13-WP.1960-21.odt

proceedings. In view of the same, the various objections now

propounded by the petitioners by filing the present Writ

Petition, those can be raised before the Executing Court and

the Executing Court is bound to consider the said grounds.

3. In view of the same, this is a premature stage to

challenge the order passed below Exh.40 in R.D.No.71 of 2000.

4. Thus, with these observations, the Writ Petition is

disposed off.

(V. K. JADHAV, J.)

...

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