Avinash S/O Namdeorao Phad vs Shashikala W/O Namdeorao Phad ...
2022 Latest Caselaw 5760 Bom

                                                                                               6-WP3389.22.odt
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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                          WRIT PETITION NO. 3389 OF 2022
                                 Avinash Namdeorao Phad
                                          -Vs.-
                        Shashikala w/o Namdeorao Phad and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.Tejas Deshpande, counsel for the petitioner.



                                                CORAM : MANISH PITALE, J.

DATE : 23.06.2022

Heard the learned counsel appearing for the petitioner.

2. By the impugned order, the Court of Joint Civil Judge, Senior Division, Amravati has allowed an application at Exhibit-24 filed by the decree holder for issuance of Precept to the Collector in the backdrop of a decree passed in a partition suit, which has admittedly attained finality. The petitioner contends that a detailed objection was indeed raised on behalf of the petitioner, i.e. the judgment debtor giving details as to why the decree had become inexecutable due to subsequent events. This objection was marked as Exhibit-44.

3. But, it appears that while passing the impugned order, the said objection has not been dealt with and it has been observed in the impugned order that the Court is only supposed to do the mere ministerial act of

KHUNTE 6-WP3389.22.odt

sending Precept to the Collector for effecting partition. Prima facie, it appears that the Court below, i.e. the Executing Court ought to have dealt with the objection at Exhibit-44 while considering the application filed by the decree holder at Exhibit-24.

4. Issue notice of final disposal, returnable on 25/07/2022.

5. Hamdast granted.

6. In the meanwhile, parties to maintain status quo as to the possession as on today.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:24.06.2022 11:28

KHUNTE