Mahendra Balbhadra Thakkar vs Abdul Ali Chinwala And Anr
2022 Latest Caselaw 11431 Bom

                       (913 & 915)-WP-11336 & 11961-22.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.11336 OF 2022
          Digitally
                                                   WITH
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                                       WRIT PETITION NO.11961 OF 2022
PANCHAL   Date:
          2022.11.10
          16:23:36
          +0530

                       Mahendra Balbhadra Thakkar                              ..Petitioner
                            Versus
                       Abdul Ali Chinwala & Anr.                               ..Respondents

                       Mr. Dakshesh Vyas a/w Nagendra Dube i/by Lex Conveniens, for the
                       Petitioner in WP No.11336/2022.
                       Mr. Nagendra Duby i/by Lex Conveniens, for the Petitioner in WP
                       No.11961/2022.
                       Mr. Yogesh S. Palve, for the Respondents in both Petitions.

                                                  CORAM : NITIN W. SAMBRE, J.

DATE : 10th NOVEMBER, 2022

P.C.

1. Both these petitions are by the decree-holder questioning the orders passed in the execution proceedings.

2. Since the decree was passed ex-parte at the behest of respondents/judgment debtors, MARJI Application No.82 of 2020 is pending consideration for setting aside ex-parte decree dated 22nd January, 2020. I am informed that the said MARJI Application has reached to the stage of final argument.

3. In this background, in view of assurance given by the

BGP. 1 of 2 (913 & 915)-WP-11336 & 11961-22.doc.

respective counsels for decree-holder and judgment-debtors, it is directed that the hearing of the MARJI Application be concluded in any case within period of ten weeks from today.

4. The fact remains that the petitioner's/decree-holder's claim as regards fraud being practiced by the judgment debtors is already raised, same be appreciated at the time of deciding said MARJI Application.

5. Apart from above, it is made clear that in case if the MARJI Application is decided against the interest of the judgment debtors, the petitioner has every right to renew his claim for issuance of police protection for execution of the decree in accordance with law.

6. In view of aforesaid order, both these writ petitions are permitted to be withdrawn. As such, both these petitions stand dismissed as withdrawn.

                                        [NITIN W. SAMBRE, J.]




BGP.                                                      2 of 2