Dashrath Baburao Naik vs Shivaji Fakira Bhambare
2022 Latest Caselaw 11184 Bom

                   Tikam                                   1/2           32- WP 12474 of 2022

VAISHALI                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANIL
TIKAM                               CIVIL APPELLATE JURISDICTION
                                   WRIT PETITION NO.12474 OF 2022
Digitally signed
by VAISHALI        Dashrath Baburao Naik                     .....Petitioner
ANIL TIKAM
Date:                V/s.
2022.10.21
17:37:40 +0530     Shivaji Fakira Bhambare                   ....Respondent

                                                 -----

                   Mr. S.M. Sabrad i/b. Amey C. Sawant, Advocate for the Petitioner.

                                            CORAM : SANDEEP K. SHINDE, J.

DATED : 20TH OCTOBER, 2022.

P.C. :

1. Heard Mr. Sabrad, learned counsel for the Petitioner. On

23rd April, 2006, the decree of specific performance was passed in

favour of the Petitioner in Special Civil Suit No. 41 of 2004. Decree

has attained finality. Pending execution of decree, the judgment

debtor filed an appeal under Order 43 Rule 1R of the Civil Procedure

code against the order dated 10th December, 2021. The appeal from

order was dismissed by this Court on 31st January, 2022. That order

was not interfered with by the Hon'ble Supreme Court. Whereafter -

Petitioner decree holder moved, an application below Exhibit '131' in

Special Darkhast No. 23 of 2007 for issuing possession warrant.

That application was filed in February, 2022. Until now, the Tikam 2/2 32- WP 12474 of 2022

Executing Court has not issued possession warrant, although the

decree was passed in the year 2006 and has not been stayed by any

Court. For these reasons, petitioner-decree holder requires

direction, be issued to the Executing Court to decide his application

Exhibit below '131' in Special Darkhast No. 23/2007. In

consideration of fact that suit was decreed in April, 2006, the

Executing Court shall decide the application below Exhibit '131' in

Special Darkhast No. 23/2007 within four weeks from today and

send compliance report to this Court.

2. Stand over to 28th November, 2022 to verify the

compliance of this Court.

(SANDEEP K. SHINDE, J.)