Nasim Nayum Hundekar vs Ismail Mahaboob Fakir Deceased ...
2021 Latest Caselaw 3172 Bom

                                             1             904-WP.334-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      904 WRIT PETITION NO.334 OF 2021

                    NASIM NAYUM HUNDEKAR
                             VERSUS
          ISMAIL MAHABOOB FAKIR DECEASED THROUGH LRS
               JANNATBEE ISMAIL FAKIR AND ANOTHER

                                     ...
      Advocate for Petitioner : Mr. R. C. Bramhankar h/f Mr. Jadhav
                                    N. L.
                                     ...


                                      CORAM :    V. K. JADHAV, J.

                                      DATE :     17.02.2021

     PER COURT :-


     1.      Heard.

2. The petitioner is a Decree Holder. In the pending

execution, the petitioner has initially filed an application

Exh.149 to review the order passed in application filed below

Exh.106 to bring the LRs of deceased J.D. No.1 on record. By

order dated 17.11.2018, the Trial Court has disposed off the

said application with observations that in case of death of

Judgment Debtor, the Court can fix a reasonable time for the

said purpose. The court has placed the Decree Holder at

liberty to take the appropriate steps. Thereafter, the petitioner-

2 904-WP.334-21.odt

Decree Holder has filed two applications Exh.156 and 158 for

bringing on record the LRs of J.D. No.1 and 3. However,

despite the clear provisions in Order 21 about bringing LRs of

J.D. No.1 on record, the Trial Court has rejected the same.

3. In view of the above, issue notice to the respondents,

returnable on 17.03.2021.

(V. K. JADHAV, J.)

...

vmk/-