Shri. Eknath Rambhau Chondhe vs Shri Laxman Rambhau Chondhe And ...
2022 Latest Caselaw 9089 Bom

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 5564 OF 2017

Shri. Eknath Rambhau Chondhe                      ....Petitioner
      V/s.
Shri. Laxman Rambhau Chondhe
and anr.                                          ....Respondents

                                      ****

Mr. Mahesh Raul i/by. Mr. Avinash B. Avhad, Advocate for
the petitioner.
Mr. Ketan Dhavle i/by. Ms. Aparna A. Dhavle, Advocate for
respondents no.1 and 2.

                                Coram : Sandeep K. Shinde, J.

Monday, 12th September, 2022.

P.C. :

1. Heard learned Counsel for the parties.

2. In execution of the decree of perpetual injunction

passed against the respondents, the executing Court had

issued warrant under Order 21 Rule 32 of the Civil

Procedure Code. An application moved by the respondent-

judgment debtor, seeking cancellation of warrant, the

executing Court on 29th April, 2015, framed the issue, as to,

"Whether the decreeholder proves judgment debtors no.1

and 2, obstructed his possession over the suit land on 11th

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December, 2004. Feeling aggrieved by that order, the

petitioners-decreeholders have filed this Writ Petition.

3. The learned Counsel appearing for the

respondents, filed Affidavit on behalf of the respondents,

stating that Judgment Debtors will continue to abide by the

decree dated 30th January, 2003 and shall not cause

interference or obstruction to the possession of the plaintiff

over the suit land bearing Survey No. 316/7 admeasuring 29

Gunthas situated at Village-Bhugaon, Taluka-Mulshi,

District-Pune. Affidavit is taken as an Undertaking to this

Court. In that view of the matter, nothing survives in the

petition.

4. Stand over to tomorrow i.e. 13th September,

2022.

(SANDEEP K. SHINDE, J.)