Shirin Rahim Manji Kaba vs Moosabhai Gagji Khetani
2022 Latest Caselaw 12340 Bom

                                                                                   28.exa.356.2021.doc

UTKARSH
KAKASAHEB
BHALERAO
Digitally signed by
UTKARSH KAKASAHEB
BHALERAO
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.12.01
10:49:31 +0530
                                   ORDINARY ORIGINAL CIVIL JURISDICTION


                                   EXECUTION APPLICATION NO. 356 OF 2021


                      Moosabhai Gagji Khetani                      .. Applicant
                                                                   (Org. Claimant)
                              Vs.
                      Rahim Manji Kaba                             .. Respondent
                                                                   (Org. Respondent)

                                                       WITH


                               INTERIM APPLICATION (L) NO. 29791 OF 2021
                                                          IN
                                   EXECUTION APPLICATION NO. 356 OF 2021


                      Shirin Rahim Manji kaba                      .. Applicant
                      In the matter between:
                      Moosabhai Gagji Khetani                      .. Claimant
                            Vs.
                      Rahim Manji Kaba                             .. Respondent


                      K.M. Bhatia i/b Mr. Rajabally for Applicant.
                      Nisha Kaba i/b Harekrishna Mishra for Judgment Debtor.
                      Muhamed Khetani, Constituted Attorney of the Claimant is present.


                                                       CORAM:- B. P. COLABAWALLA,J.

DATE :- NOVEMBER 29, 2022.

                         Utkarsh                                                          page 1 of 3
                                                              28.exa.356.2021.doc


P. C.:

1. The Claimant who is present in Court through his advocate,

has stated before the Court that in view of a mutual understanding

arrived at between the Claimant and the Respondent, he does not wish

to prosecute the above Execution Application.

2. In these circumstances, the above Execution Application is

disposed of as withdrawn. However, there shall be no order as to costs.

3. Considering that the Execution Application is now stands

withdrawn, any attachment levied on the properties of the Respondent,

if any, shall stand vacated forthwith.

4. I am informed that there is also an attachment levied on the

property of the wife of the Respondent which forms the subject matter

of Interim Application (L) No.29791 of 2021. In the light of the

withdrawal of the Execution Application, the attachment levied on the

property of the wife of the Respondent, and which forms the subject

matter of the said Interim Application, shall also stand vacated

forthwith and the said Interim Application is also disposed of

accordingly.

     Utkarsh                                                      page 2 of 3
                                                              28.exa.356.2021.doc

5. This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

                                        ( B. P. COLABAWALLA, J. )




     Utkarsh                                                      page 3 of 3