Shri. Sahajirao Abajirao Jadhav vs Sau. Asha @ Aashalata Shahajirao ...
2022 Latest Caselaw 1672 Bom

                                                                   12.8236.21 wp.doc

ISM
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                          CIVIL WRIT PETITION NO. 8236 OF 2021

      SHRI. SAHAJIRAO ABAJIRAO                                    ....PETITIONER
      JADHAV

              V/s.

      SAU. ASHA @ AASHALATA SHAHAJIRAO                   .....RESPONDENT
      JADHAV

      Mr. Rushikesh C. Barge for the Petitioner
      Mr. Venkatesh Shastry for Respondent


                               CORAM :   NITIN W. SAMBRE, J.

                               DATE:     FEBRUARY 17, 2022.

      P.C.:

      1)      Court of Civil Judge Senior Division, Vaduj decreed the

proceedings for restitution of conjugal rights by mutual consent and

accordingly, Decree was drawn. In execution, Petitioner has come out

with a case that Petitioner-Judgment Debtor has come out with a

plea that Decree is already executed and as such, execution is liable

to be rejected. So as to substantiate the contention that the Decree is

executed, he has invited attention of this Court to the contents of his

Application Exh. 20 and the response of Respondent-Decree Holder.

12.8236.21 wp.doc

2) Mr. Rushikesh C. Barge learned counsel appearing for the

Decree Holder would oppose the prayer for entertaining the writ

petition and supports the impugned order.

3) In para 11 of the impugned order, Executing Court has

specifically dealt with rival contentions and has rightly reached to a

conclusion that present Petitioner-Judgment Debtor has not decreed

to its letter and spirit. That being so, in my opinion, no case for

interference in extraordinary jurisdiction is made out.

4)     Writ Petition stands dismissed.




                                  [NITIN W. SAMBRE, J.]