Ram Shankar Mendke Alias Jadhav vs Babu Fakira Gunjal And Others
2021 Latest Caselaw 1690 Bom

                                       1              36-WP.1459-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      36 WRIT PETITION NO.1459 OF 2021

                    RAM SHANKAR MENDKE ALIAS JADHAV
                                 VERSUS
                     BABU FAKIRA GUNJAL AND OTHERS

                                       ...
          Advocate for Petitioner : Mr. Bhavthankar Vivek Vasantrao
                                       ...

                                CORAM :     V. K. JADHAV, J.

                                DATE :      25.01.2021

     PER COURT :-


     1.      Heard.

2. The learned counsel submits that the petitioner is the

original Decree Holder and in pending execution, he has filed

the application about correction in the decree pertaining to the

boundary towards the western side of the suit property.

Though the petitioner has filed the said application under

Section 152 of the Civil Procedure Code, inadvertently, the

learned counsel representing the petitioner has filed an

application for condonation of delay along with the said

application filed under Section 152 of Civil Procedure Code.

The learned counsel submits that in fact no delay application is

2 36-WP.1459-21.odt

required for an application filed under Section 152 of the Civil

Procedure Code. The learned counsel submits that the decree

passed by the Trial Court was confirmed up to this Court and

the Respondents / Judgment Debtors have never raised any

objection pertaining to the identity of the property.

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

returnable on 15.02.2021.

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

vmk/-