Shobhana Subhashsinh Rajput And Others vs Pratibha Ramrao Kadam And Others
2024 Latest Caselaw 2458 Bom

Bombay High Court

Shobhana Subhashsinh Rajput And Others vs Pratibha Ramrao Kadam And Others on 25 January, 2024

        IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                   BENCH AT AURANGABAD

               979 WRIT PETITION NO. 14039 OF 2023

             SHOBHANA SUBHASHSINH RAJPUT AND OTHERS
                                 VERSUS
                PRATIBHA RAMRAO KADAM AND OTHERS
                                     ...
               Advocate for the Petitioner : Mr. Gadhe G. A.
            Advocate for Respondent No.1 : Mr. A. I. Deshmukh
                                     ...

                                  CORAM : ARUN R. PEDNEKER, J.

Dated : January 25, 2024 PER COURT :-

1. The learned Advocate appearing on behalf of the petitioners

submits that he has purchased the suit property from the original

defendant prior to the institution of the suit and that the objection was

raised to the execution proceeding as he is in possession of the suit

property by virtue of the sale deed which was prior to the institution of

the suit.

2. The learned Advocate for the petitioners further submits that the

objector i.e. the petitioner expired and the legal heirs are sought to be

brought on record, however the executing Court by the impugned

order has held that it has become functus officio and it cannot bring

the legal heirs on record in view of the order of the Court granting

precept under Section 54 of the Code of Civil Procedure to execute the

2 979 WP 14039-2023

Decree. Notice is issued by this Court relying upon the Judgment of

this Court in Mahadu alias Mahadeo Baji Bhosale Versus Appaji

Gunbarao @ Ganpatrao and Others, 2003 (3) Bom.C.R. 15.

3. The learned Advocate for the respondent No.1 Decree Holder

seeks time to respond.

4. Until the next date, the execution of the Judgment and decree

dated 29/07/2006 passed in Regular Civil Suit No.197 of 2000 by 4 th

Joint Civil Jude, Junior Divison, Nanded is stayed.

5. The matter be fixed for disposal on 22/02/20224.

6. Affidavit in reply, if any, to be filed on or before the next date.

7. There would be no automatic extension of the interim relief

and the petitioner to work out the matter on the next date. In the

event, adjournment is sought on behalf of the petitioner, the interim

relief would be vacated.

8. The Advocates for respective parties are requested to prepare

brief synoptical notes comprising of the list of dates, issues involved

in the matter and the submissions to be canvassed, along with list of

Judgments.

( ARUN R. PEDNEKER, J. )

vj gawade/-.