Maroti S/O Vishwanath Bunde ... vs Ganpat S/O Vishwanath Bunde
2023 Latest Caselaw 1922 Bom

                                                        1                              7.WP.1041-2023.odt




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

                            WRIT PETITION NO. 1041 OF 2023
              ( Sri. Maroti S/o Vishwanath Bunde (Dead), Thr. LRs.
                                       Vs.
                       Shri Ganpat S/o Vishwanath Bunde )

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


                                  Mr. U.M. Aurangabadkar, Advocate for the Petitioner/s.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 27th FEBRUARY, 2023

Heard Mr. Aurangabadkar, learned counsel for the petitioner/s.

2. Under modified compromise decree between the parties dated 06.06.2012, the decree holder was to transfer plot No. 39 and the construction made thereupon in favour of judgment debtor and so also change the name of the son and daughter of decree holder in the school records, as the judgment debtor was shown as their father, in lieu of which, an area admeasuring 1500 sq.ft., out of plot No. 2 admeasuring 2500 sq.ft., owned by the son of the judgment debtor, was agreed to be transferred to the decree holder. It is contended, that though the obligation upon the decree holder, has not been complied with, a warrant of possession in respect of plot No. 2, has been issued by the impugned order.

2 7.WP.1041-2023.odt

3. Issue notice to the respondent for final disposal of the matter, returnable on 13.03.2023.

4. The petitioner/s to serve the respondent by all modes permissible in law including E-mail and Whats App.

5. Hamdast is granted.

6. Till the returnable date, there shall be a stay to the effect and operation of the impugned order.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:27.02.2023 14:45