Bhagwan Namdeo Wagh And Others vs Shamrao Laxman Wagh
2021 Latest Caselaw 1692 Bom

                                            1             23-WP.1437-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      23 WRIT PETITION NO.1437 OF 2021

                   BHAGWAN NAMDEO WAGH AND OTHERS
                               VERSUS
                        SHAMRAO LAXMAN WAGH

                                       ...
               Advocate for Petitioners : Mr. Anant R. Devakate.
                                       ...

                                  CORAM :       V. K. JADHAV, J.

                                  DATE :        25.01.2021

     PER COURT :-

1. Though the learned counsel for the petitioners has vehemently submitted about abatement of the appeal, however, it appears from the judgment and order passed in the Second Appeal of this Court that the Court has allowed the appeal against the other respondents.

2. In view of the same, the order impugned wherein the Executing Court has directed the execution of the decree only to the extent of the legal heirs of deceased / defendant No.2 requires further scrutiny.

3. In view of the above, issue notice to the respondent, returnable on 10.02.2021.

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

vmk/-