Jadavlal S/O Mavji Patel vs Lalit S/O Jasraj Patel
2022 Latest Caselaw 7945 Bom

                                                             1                        29.WP.4876-2022.odt




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

                            WRIT PETITION NO. 4876 OF 2022
                                    ( Mr. Jadavlal S/o Mavji Patel
                                                  Vs.
                                      Mr. Lalit S/o Jasraj Patel )

Office Notes, Office Memoranda                            Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. Lalit B. Patel Advocate for the Petitioner/s.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 17th AUGUST, 2022.

Heard Mr. Patel, learned counsel for the petitioner.

2. The petition challenges the order dated 01.07.2022 (page 70), insofar as it rejects the relief claimed under Order XXI Rule 54 of the Code of Civil Procedure, whereby the learned trial Court has rejected the claim for attachment of the property. It is submitted, that though earlier the property was mortgaged with the Bhagyodaya Friends Urban Co-operative Bank Ltd, Branch Warud, however, the mortgage has since been redeemed and there is no charge of the Bank upon the said property. It is also contended, that the claim made by the Judgment-debtor, that by virtue of family understanding the property in question was given in possession of his uncle namely Shri Valgibhai Patel since 1995, is palpably incorrect for the reason that in the year 2 29.WP.4876-2022.odt

2002, that the Judgment-debtor had mortgaged the property with the aforesaid Bank, and therefore, the question of resolving any non existent controversy did not arise.

3. Issue notice to the respondent for final disposal of the matter at the stage of admission itself, returnable on 05.09.2022.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:17.08.2022 19:43