Raj Shedge vs Laxmibai Manohar Lokhande Decd. ...
2022 Latest Caselaw 10165 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO. 10837 OF 2022


Raj Shedge                                      .....Petitioner
     V/s.
Laxmibai Manohar Lokhande
Decd. Thr. Her heirs                            ....Respondents


                              -----
Mr. A.V. Anturkar, Senior Advocate i/by. Mr. Ajay Udane,
Advocate for the petitioner.


                        CORAM : SANDEEP K. SHINDE, J.

MONDAY, 3RD OCTOBER, 2022.

P.C. :

1. Heard Mr. Anturkar, learned Senior Counsel for the petitioner.

2. Issue notice to the respondent no.1(h) returnable on 21 October, 2022.

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3. Petitioner-the judgment debtor has, filed Affidavit- cum-Undertaking, sworn on 3 rd October, 2022. It is taken on record as an Undertaking to this Court.

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4. In consideration of the facts of the case, Mr. Jai Shedge, son of the petitioner shall file an Undertaking to state that, he shall not obstruct or cause to obstruct directly or indirectly or interfere with the judicial proceedings in Regular Darkhast No. 5/2009 pending before the Civil Judge Junior Division, Koregaon. Let the Undertaking be filed within a week from today, in this Court and before the Executing Court.

5. Mr. Anturkar, learned Senior Counsel has invited my attention to the order dated 14 January, 2020 below Exhibit-

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84 (at page-64 of the petition) passed by the Civil Judge Junior Division, Koregaon. This order directs the Deputy Superintendent of Land Records to measure the decreed property, in question. Mr. Anturkar, on instructions submits that the petitioner shall extend his co-operation to Superintendent of Land Records to measure the land, in terms of order dated

th January, 2020. Mr. Anturkar, on instructions from the petitioner, present in the Court submits that, after measurement, if it is found that house has been constructed on the 'encroached portion', petitioner shall remove the same, at his own cost. Statement is accepted as an Undertaking to this Court.

6. In consideration of the Undertaking and Affidavit, Mr. Jai Shedge, has agreed to file, the operation of the order dated 10 August, 2022 below Exhibit-110 and order th Rane 3/3 13-WP-10837-2022 rd 3 October, 2022.

dated 10 th August, 2022 below Exhibit-108, are stayed till the next date.

7. The petitioner shall also serve the contesting respondent no.1(h) by private notice to be followed by Affidavit of service, before the returnable date.

8. All concerned to act on a copy of this order, duly authenticated by the Registry of this Court.

NEETA SHAILESH SAWANT (SANDEEP K. SHINDE, J.) Digitally signed by NEETA SHAILESH SAWANT Date: 2022.10.03 19:39:13 +0530