Govind Kondaji Zaware Through Gpa ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 12583 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

                            WRIT PETITION NO. 7776 OF 2017


1]    Govind s/o Kondaji Zaware
      Age :75 years, Occu. Agriculture,
      R/o Vasunde, Tq. Parner
      Dist.Ahmednagar
      Through G.P.A. holder
      Sharda w/o Mahadu Zinjad
      Age 51 years, Occu:Agri
      R/o Thane, Tq. & Dist.Thane
      Zindad S.M. Near Maroti Tempal
      West Thane

      Died Through L.Rs.

1]    Bhashkar s/o Govind Zaware
      Age Major, Occu-Agril

2]    Rajendra s/o Govind Zaware
      Age Major, Occu-Agril,

3]    Sharada w/o Mahadu Zinjad
      Age Major, OccuService,
      R/o Thane

4]    Pushpalata w/o Ramdas Date
      Age Major, Occu-Household,

5]    Ramdas s/o Govind Zaware
      Died through L.Rs.

5-A] Mangal Ramdas Zaware
     Age Major, Occu-Household

5-B] Yogesh Ramdas Zaware
     Age Major, Occu-Agril



     ::: Uploaded on - 06/09/2021                  ::: Downloaded on - 10/10/2021 18:23:27 :::
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5-C] Suwarna d/o Ramdas Zaware
     Age Major, Occu-Household,

5-D] Yogita d/o Ramdas Zaware
     Age Major, Occu-Household,

      All R/o Vasunde, Tq. Parner
      District Ahmadnagar.                           .. PETITIONERS

      VERSUS

1]    The State of Maharashtra

2]    The Collector,Ahmednagar
      Dist.Ahmednagar

3]    The Special Land Acquisition
      Officer No.1, Ahmednagar
      Tq. & Dist.Ahmednagar                          ..RESPONDENTS

                 .....
Smt.M.A.Kulkarni,Advocate for the petitioners
Mr. S.W.Mundhe,A.G.P. for Mr. Respondents

                       .....
                                    CORAM :   MANGESH S. PATIL, J.

                                    DATE :    03/09/2021

ORAL JUDGMENT :-

Heard. Rule. The Rule is made returnable forthwith. The learned A.G.P.

waives service for the respondents. With the consent of both the sides the

matter is heard finally at the stage of admission.

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2]    The original petitioner was a Decree Holder, since he has died

interregnum the petition is being prosecuted by his legal heirs who have been

brought on record pursuant to an order in Civil Application No.110/2020.

3] The petitioners are impugning the order passed by the executing Court

directing inter alia dismissal of the execution proceeding on failure of the

Decree Holder to take steps.

4] The order does not specifically mention as to what steps were expected

to be taken by the Decree Holder. Assuming for the sake of arguments that the

deceased Decree Holder was expected to take some steps, since it was an

execution proceeding arising from Land Acquisition Reference, the order is

indeed harsh and deprives the Decree Holder of his legitimate dues.

5] Taking into account the over all conceptus of the matter and the nature

of the relief being claimed by the petitioners, the impugned order is quashed

and set aside and the execution proceeding is restored to its original file

subject to the condition that the petitioners shall not be entitled to claim any

interest for period from the date on which the execution proceeding was

dismissed till date.

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6]      The Rule is made absolute in above terms.



                                            [MANGESH S. PATIL, J.]

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