Dnyandan Vidyalay Thr Head Master ... vs Satish Srimant Argade And Another
2021 Latest Caselaw 1689 Bom

                                        1             26-WP.1440-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      26 WRIT PETITION NO.1440 OF 2021

          DNYANDAN VIDYALAY THR HEAD MASTER DARMRAJ
                         PRALHAD KALE
                            VERSUS
              SATISH SRIMANT ARGADE AND ANOTHER

                                      ...
              Advocate for Petitioners : Mr. Prabhakar K. Joshi.
              AGP for Respondent No.2-State : Mr. R. D. Sanap.
                                      ...

                                CORAM :     V. K. JADHAV, J.

                                DATE :      25.01.2021

     PER COURT :-

     1.      Heard.

2. The learned counsel for the petitioner / Management

submits that the fraud was played on the court and the

respondents claiming to be appellants in Appeal No.41 of 2011

has obtained the judgment and order in her favour way back in

the year 2011. The learned counsel submits that even though

for many years, the execution of the said order was not sought

and finally in the year 2017 for the first time, the respondent

has filed an application for execution of the order before the

School Tribunal, Solapur. The learned counsel for the

2 26-WP.1440-21.odt

petitioner has shown the various annexures to point out that

how the order of the School Tribunal was obtained by fraud.

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

returnable on 22.02.2021.

4. The learned AGP waives notice for Respondent No.2 -

State.

5. In view of the aforesaid specific submissions, further

proceedings in Misc. Application No.13 of 2017 are hereby

stayed till the next date of hearing.

(V. K. JADHAV, J.) ...

vmk/-