Jotirling Gramin Bigar Sheti ... vs Suvrna Shivaji Gosavi (Since ...
2022 Latest Caselaw 2147 Bom

                        Digitally signed by IRESH
      IRESH SIDDHARAM   SIDDHARAM MASHAL
      MASHAL            Date: 2022.03.03 11:21:35
                        +0530




                                                                                    3.1622.18 wp.doc

ISM
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                    CIVIL APPELLATE JURISDICTION

                                            CIVIL WRIT PETITION NO. 1622 OF 2018

               JOTIRLING GRAMIN BIGAR SHETI                                         ....PETITIONER

                        V/s.

               SUVARNA SHIVAJI GOSAVI                                          .....RESPONDENTS
               (SINCE DECEASED THROUGH HIS
               LEGAL HEIRS AND LR's)

               Mr. Mahindra B. Deshmukh Advocate for Petitioner


                                                    CORAM :   NITIN W. SAMBRE, J.

                                                    DATE:     MARCH 2, 2022.

               P.C.:

               1)       Petitioner, Decree Holder initiated execution proceedings after

the dispute for recovery was decreed before Civil Judge Junior

Division, Kadegaon. Executing Court after following due process of

law, ordered issuance of arrest warrant under Order XXI Rule 38 of

Code of Civil Procedure, 1908. One of the Judgment Debtor objected

to the same on the ground that he is student and as such, Decree

cannot be executed.

3.1622.18 wp.doc

2) My attention is invited by Mr. Deshmukh, learned counsel for

Decree Holder that instead of adjudicating the said issue, the Court

below has committed an error in dismissing the execution itself.

3) On perusal of the record, there appears to be much substance

in the submissions of Mr. Deshmukh as the entire execution is

rejected.

4) That being so, issue notice to Respondent for final disposal.

Notice is made returnable on 23/03/2022. In addition to Court

notice, Petitioner is permitted to serve the Respondent through

registered post A.D./Speed post and file affidavit of service to that

effect before the returnable date.

[NITIN W. SAMBRE, J.]