Aslam S/O. Abdul Rehman Chunawal ... vs Haji Makbool Mohemmed Hanif Kolar ...
2021 Latest Caselaw 3100 Bom

                                                                         (17) WP-10122-19.doc

BDP-SPS

  Bharat

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  D.
  Pandit

                                        CIVIL APPELLATE JURISDICTION
  Digitally signed
  by Bharat D.
  Pandit
  Date:
  2021.02.18
  12:32:38 +0530



                                      WRIT PETITION NO. 10122 OF 2019

                     Aslam S/o. Abdul Rehman Chunawala & Ors.            .... Petitioners.
                                 V/s
                     Haji Makbool Mohemmed Hanif Kokar Qureshi
                     and Ors.                                            .... Respondents.
                     ----
                     Mr. V.S. Kapse i/b Mr. Sameer Bhalekar for the Petitioners.
                     Mr. Surel Shah a/w Mr. Rishikesh Soni a/w Raveena Yadav
                     for the Respondent.
                     -----
                                       CORAM: NITIN W. SAMBRE, J.

                                         DATE:    FEBRUARY 16, 2021
                     P.C.:-

                     1]       Heard Mr. Kapse learned Counsel for the Petitioner and Mr.

Surel Shah learned Counsel for the decree holder.

2] Decree under execution came to be passed by consent on

20/6/2014 out of which Darkhast Proceedings No.75 of 2015 came to

be initiated.

3] I am informed by the learned Counsel for the Respondent that

pursuant to the order impugned dated 3/5/2019, decree is already

executed and the Petitioner/judgment debtor has already handed over

(17) WP-10122-19.doc

possession of the suit premises.

4] In the aforesaid backdrop, since the decree is already executed, I

see no reason which calls for interference in the impugned order.

Petition stands dismissed.

( NITIN W. SAMBRE, J. )