Smt. Chhaybai Wd/O Tulsiram Fandi ... vs Deorao S/O Sitaram Vaidya
2021 Latest Caselaw 13248 Bom

                                                                                   WP6293.16.odt
                                                   1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH AT NAGPUR

                               WRIT PETITION NO. 6293 OF 2016


     PETITIONERS: 1 Smt. Chhayabai wd/o Tulsiram Fandi,
     Org.J.D.       Aged about 70 years, Occ. Household

                               2. Sanjay s/o Tulsiram Fandi,
                                  aged about 31 years, Occ. Agriculturist,

                               3. Ratnamala d/o Tulsiram Fandi,
                                  Aged about 29 years, Occ. Household,

                               4. Hemraj s/o Tulsiram Fandi,
                                  aged about 28 years, Occ. Agriculturist,

                               5. Yogita d/o Tulsiram Fandi,,
                                  aged about 26 years, Occ. Household,

                               6. Uttam s/o Lataruji Fandi,
                                  Aged about 60 years, Occ. Agriculturist,

                                 All petitioner Nos. 1 to 6 are
                                 R/o. Mouda, Tah. Mouda,
                                 Dist. Nagpur.

                                             ...VERSUS...

     RESPONDENT:               Deorao s/o Sitaram Vaidya
     Org.D.H.                  aged about 73, Occ. Business & Agriculturist,
                               R/o. Near Jai Stambh, Mouda, Tah. Mouda
                               Nagpur.
     ----------------------------------------------------------------------------------------------
                       Smt. R.S.Sirpurkar, Advocate for petitioners.
                       Shri A.M.Ghare, Advocate for respondent.
     ----------------------------------------------------------------------------------------------
                                            CORAM : AVINASH G. GHAROTE, J.

                                            DATE          : 16/09/2021.



                                                                         WP6293.16.odt


     (Oral Judgment)


     1]                 Heard Mrs. Sirpurakar, learned counsel for petitioners

and Mr. Ghare, learned counsel for the respondent.

2] Both the learned counsel for the parties are agreeable

that in view of the judgment rendered in W.P No. 5503/2015, the

order impugned in the present petition, dated 28.9.2016, below

Exh.25, be quashed and set aside, and the matter be remanded back

to the executing Court, as the decision of the executing Court to

proceed with the matter will depend upon the decision on the

application under Section 28 of the Specific Relief Act, as filed by the

petitioner herein, in view of which the order dated 28.9.2016 passed

below Exh.25 in R.D No. 8/2013 is hereby quashed and set aside and

the matter is remanded back to the learned Executing Court, to be

decided after the application under Section 28 of the SR Act, as filed

by the petitioner is decided. In the circumstances there shall be no

order as to costs.

JUDGE

Rvjalit