Subhash Shankarrao Adwal vs Nivruti Genu Balwadkar And Ors
2021 Latest Caselaw 15573 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
             Date: 2021.10.30
NAIR         14:45:38 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO.7271 OF 2021


                                   Subhash Shankarrao Adwal                  ..            Petitioner

                                           Vs.

                                   Nivruti Genu Balwadkar & Ors.             ..           Respondents

                                                                      ...

                                   Mr. R.S. Kohli with Ms. Chandni Bhatt i/b M/s. C.K. Legal for
                                   the petitioner.
                                                               ...

                                                      CORAM : SMT. BHARATI DANGRE, J.

                                                      DATED       : 28TH OCTOBER, 2021.

                                   P.C:-

1. The petitioner has approached this court being aggrieved by non execution of the decree, which is drawn by consent between the parties on 12/2/2009.

2. The petitioner, in an earlier round, had instituted a writ petition before this court seeking expeditious disposal of the Darkhast, which was instituted before the Civil Judge, Junior Division, Pune, and numbered as Regular Darkhast No.136 of

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2011. On 20/02/2016, the petitioner was granted liberty to take out an application for time bound disposal of the Darkhast proceedings recording that for the last more than four years, Darkhast is kept pending.

3. Down the line, another five years, it is informed that the Darkhast still stands at the same stage and there is no progress. In support of the submission, rozanama of the execution proceedings is annexed as Annexure-64. Learned counsel has invited my attention to the judgment of the Apex Court in Rahul S. Shah v. Jinendra Kumar Gandhi & Ors. reported in 2021 SCC Online SC 341, where Their Lordships have reiterated importance of the expeditious disposal of the execution proceedings particularly observing that the fruits of the decree are never allowed to be enjoyed by the decree-holder and it is required to be passed on to its next generation. The decision of the Apex Court necessarily will have to be brought to the notice of the learned Judge, before whom, the Darkhast is pending.

4. While issuing notice to the respondents, I deem it expedient to bring the said order of the Apex Court to the notice of learned Civil Judge, Junior Division, Pune, who is in charge of the Regular Darkhast No.136 of 2011.

The Registry is also directed to seek an explanation from the learned Judge as to on what count, the Darkhast is kept pending for a decade. Notice is made returnable on 13/12/2021.

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5. The petitioner is also permitted to serve the private respondents by private notice and file an affidavit to that effect.

[SMT. BHARATI DANGRE, J.]

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