Gangabai Wd/O Ghanshyamdas ... vs Pramodkumar S/O Shankarlal ...
2023 Latest Caselaw 3920 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                  WRIT PETITION NO. 2492/2023

          Gangabai wd/o Ghanshyamdas Agrawal through legal heirs
                                  Vs.
                   Pramodkumar s/o Shankarlal Agrawal

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. R.I. Agrawal, Advocate for petitioners


                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 19th APRIL, 2023

The order dated 03/03/2023 below Exh.16, issuing an attachment warrant against the judgment debtor No.1 on account of non-payment of the rent (page 135) has been recalled by the order dated 03/03/2023 (page 138) on the ground that the judgment and decree dated 22/4/2022 passed in Spl. Civil Suit 880/2016 (page 57) has been stayed in appeal (page 120).

2. It is material to note, that the stay was granted only till the next date. The petitioner, therefore, has a remedy to file his say on Exh.40, which is claimed to have been done. Therefore, it would be appropriate for the petitioner to get decided Exh.40 by the Executing Court. I am therefore, not inclined to interfere in the impugned

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order. The petition is dismissed on this ground alone. It is expected that the Executing Court shall decide Exh.40 as early as possible.

JUDGE

MP Deshpande