Indubai Rama Shirsath Through Lrs ... vs Dharma Bhunga Borse Through Lrs ...
2021 Latest Caselaw 15168 Bom

                                                                       930.WP.4207.2020.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                           WRIT PETITION NO.4207 OF 2020

  INDUBAI RAMA SHIRSATH THROUGH LRS SUSHILABAI PRABHAKAR
                        MORE AND OTHERS
                                VERSUS
DHARMA BHUNGA BORSE THROUGH LRS LILABAI DHARMA BORSE AND
                               OTHERS
                                   ...
           Advocate for Petitioners : Mr. Manish V. Bhamre
          AGP for Respondent Nos.3 to 5 : Mr. Y.G. Gujarathi
                                  ...

                                  CORAM     :   MANGESH S. PATIL, J.

                                  DATE      :   21.10.2021

PER COURT :

Heard. The petitioner is the decree holder in a suit for specific

performance of an agreement to sell an immovable property. According to

the decree the judgment debtors were supposed to apply for necessary

permission to sell the property under provisions of the Maharashtra

Prevention of Fragmentation and Consolidation of Holdings Act. It further

directs that on refusal of such permission the decree holder should return

possession of the suit property. The judgment debtors preferred the

Application, however, the permission has been refused and the matter is

currently sub judice before the State Government at the instance of the

decree holder. In spite of such matter being pending before the State

Government, the executing court is now bent upon to direct the decree

holder to hand over possession of the suit property to the judgment debtor.

930.WP.4207.2020.odt

2. Issue notice to the respondents, returnable on 06.01.2022. Till

then further proceeding in the execution shall stand stayed. In addition to

the regular mode of service the petitioner shall serve the respondents

privately by Register Speed Post and shall file affidavit of service along with

an acknowledgment. The Learned AGP waives service on behalf of

respondent Nos.3 to 5.

(MANGESH S. PATIL, J.)

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