Santoshkumar Avtarkrishna Kaul vs Zilla Parishad Jalgaon Through ...
2022 Latest Caselaw 5131 Bom

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                       916 WRIT PETITION NO. 4589 OF 2020

                   SANTOSHKUMAR AVTARKRISHNA KAUL
                                VERSUS
                   ZILLA PARISHAD JALGAON THROUGH
                THE CHIEF EXECUTIVE OFFICER AND OTHERS

                                          ...
                Advocate for Petitioner : Mr. Bhokarikar Madhav M.
                                          ...

                                 CORAM    : MANGESH S. PATIL, J.

                                 DATE     : 7 JUNE 2022

PC :

Heard learned advocate Mr. Bhokarikar for the petitioner

who had suffered a money decree and was seeking order to stay the

execution of the decree but his request was turned down by the

executing Court by the order under challenge in this petition.

2. Mr. Bhokarikar, on instructions, submits that even though

the execution was preferred, simultaneously, a substantive appeal was

preferred challenging the selfsame decree in the form of regular civil

appeal no. 924 of 2012. By the judgment and order dated 17-09-2021,

the appeal has been allowed and the suit has been remanded for fresh

trial. He, therefore, submits that since the decree is no more in

existence, the petition becomes infructuous and may be disposed of.

3. In view of the statement, the writ petition is disposed of.

[ MANGESH S. PATIL ] JUDGE arp/