M/S. Sterling Motor Garage ... vs M/S. Shreerali Khan Mohamed ...
2023 Latest Caselaw 8793 Bom

2023:BHC-AS:24503
                                                                                           18-wp8467-2019.doc


                             VRJ
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                                    WRIT PETITION NO.8467 OF 2019

       VAIBHAV
       RAMESH
                             Sterling Motor Garage Through the
       JADHAV
      Digitally signed by
      VAIBHAV RAMESH
      JADHAV
      Date: 2023.08.28
                             Proprietor Avtar Singh Mangal Singh
      16:53:39 +0530


                             Ahedi                                          ... Petitioner
                                         V/s.
                             Sheerali Khan Mohamed Menekia
                             Through its Constituted Attorney Bipin
                             Chimanlala Shah & Ors.                         ... Respondents

                             Mr. R. H. Haridas with Mr. Tushar Sonawane for the
                             petitioner.


                                                             CORAM    : AMIT BORKAR, J.

                                                             DATED    : AUGUST 28, 2023
                             P.C.:

1. It appears that Special Civil Suit No.37 of 1980 was decreed by judgment and decree dated 4th February 1988. According to the petitioner, the property described by Map below Exhibit-108 has been handed over to the decree holder. According to the petitioner, application below Exhibit-212 has not been adjudicated on merits. Therefore, it would be in the interest of justice that the executing Court would decide application below Exhibit-212 on its own merit after giving opportunity of hearing to both parties.

2. With this clarification, nothing remains to be adjudicated in the present writ petition. The civil writ petition is, therefore, disposed of. No costs.

(AMIT BORKAR, J.)