Narayan Krishna Chingle Decd Thru ... vs Vishwanath Krishna Chingle Decd ...
2022 Latest Caselaw 1390 Bom

                   (26)-WP-1268-22.doc.

BALAJI
GOVINDRAO
PANCHAL
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by BALAJI
GOVINDRAO
                                   CIVIL APPELLATE JURISDICTION
PANCHAL
Date: 2022.02.10
12:30:09 +0530




                                    WRIT PETITION NO.1268 OF 2022

                   Narayan Krishna Chingle
                   Since deceased through legal heirs
                   Sadanand Narayan Chingale and Anr.                  ..Petitioners
                         Versus
                   Vishwanath Krishna Chingle
                   Since deceased through legal heirs
                   Shivling Vishwanath Chingale and Ors.               ..Respondents

                   Mr. Drupad S. Patil a/w Namitkumar S. Pansare, for the Petitioners.



                                                CORAM : NITIN W. SAMBRE, J.

DATE : 9th FEBRUARY, 2022

P.C.

1. Heard Mr. Drupad Patil, learned counsel for the judgment debtors. He has invited attention of this Court to Exh.69 which produced at page No.58 i.e. Watap Takta. According to him, on the Southern side 'rasta' is shown which is allocated to him. As a consequences of which his share is reduced to around 740 sq.fts. whereas decree holder is getting 996 sq.fts. The submissions are based on the calculation carried out by the petitioners/judgment debtors based on the scale reflected in Exh.69.

2. As far as the aforesaid submission of Mr. Drupad Patil is concerned, Exh.69 does not speak of the area dimensions of share of

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each of the parties.

3. In that view of the matter, prima facie the Executing Court has not satisfied itself on the allocation of the equal share to the judgment debtor and the decree holder. As such, issue notice to the respondents, for final disposal, returnable on 23rd March, 2022.

4. In the meantime, the Executing Court is directed to pass fresh order in the matter in the light of the observations made herein-above, if required by having appropriate report from the Court Commissioner to that effect.

                                         [NITIN W. SAMBRE, J.]




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