Bombay High Court
Sunanda Ramakant Desai Since Dec And Ors vs Kashinath R Kolwankar And Ors on 12 September, 2024
2024:BHC-AS:36678
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12020 OF 2023
1 SUNANDA RAMAKANT DESAI
(SINCE DECEASED)
2 GAJANAN RAMAKANT DESAI
Age 59 Years, Occupation: Business,
Dulaba Prasad, Plot Nos.60D and 60F,)
S.M. Jadhav Marg, Dadar,
Mumbai 400 014.
3 SUREKHA RAJENDRA KENI
(SINCE DECEASED)
3A. DR. RAJENDRA ANAND KENI
Age 70 Years, Occu: Medical Practitioner,
3B. MISS. RADHIKA RAJENDRA KENI
Age 36 Years, Occu: Service
3C. MISS. DEVIKA RAJENDRA KENI
Age 36 Years, Occu: Service
3A to 3C-residing at 308 / 36
Gokul, 14th Main, 7th Cross,
Rajmahal Vilas Extension,
Bangaluru 560 080. ...PETITIONERS
VERSUS
1 SHRI. KASHINATH R. KOLWANKAR
Since Deceased Deleted
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1A. HEMANT KASHINATH KOLWANKAR
Age 68 Years, Occu: Not Known
Flat No. F-2, Dulaba Prasad Building,
S.M. Jadhav Marg, Naigaon, Dadar
(East), Mumbai 400 014.
1B. MRUNALINI UMESH KHATU NEE
HEMA KASHINATH KOLWANKAR
Age 66 Years, Occu: Not Known
Trisandhya Building, 3rd Floor,
Dadasaheb Phalke Road, Dadar
East, Mumbai 400 014.
1C. GIRISH KASHNATH KOLWANKAR
Age 64 Years, Occu: Not Known
43, Mehta Mahal,
Dadasaheb Phalke Road, Dadar
East, Mumbai 400 014.
2 MRS. SHASHIKALA RAJENDRA PAI,
Age 67 Years, Occu: Business,
Residing at 13/14 Sanatan Sankul,
Village Devad, Taluka Panvel,
District: Raigad.
3 MRS, PURNIMA ASHOK PRABHU
Age 61 Years, Occu: Professional
Residing at 108/8, "Advait", 10th
Cross, 8th Main, RMV Extension,
Bangaluru 560 080,
State of Karnataka ....RESPONDENTS
_________
Mr. Prasad Dhakephalkar, Senior Advocate (through video conferencing) with
Mr. Abhinav Bhatkar i/b Mr. Ajit A. Kocharekar for Petitioners.
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Mr. Kishor Patil with Mr. R.M. Haridas and Ms. Rukmini Khairnar i/b
Mr. Shriram S. Redij for Respondents.
__________
CORAM : SANDEEP V. MARNE, J.
RESERVED ON : 05 SEPTEMBER 2024
PRONOUNCED ON: 12 SEPTEMBER 2024.
JUDGMENT
1 This Petition is filed by Petitioners/Plaintiffs seeking a direction to the
Executing Court for issuance of warrant of possession in Execution
Application filed by Plaintiff-Decree Holder. Mr. Dhakephalkar would submit
that pendency of the Civil Revision Application No.576 of 2019 was one of
the reasons why the Defendant-Tenant was preventing the Executing Court
from issuing possession warrant and recovery of possession of the suit
premises. The Civil Revision Application is dismissed by a separate Order
passed today.
2 While this Court would be loath in giving any direction to the
Executing Court to conduct proceedings before it in a particular manner or
with a particular speed, I am sure that the Executing Court would be mindful
of the fact that the suit was instituted by the Petitioners/Plaintiffs in the year
1992 and that the same has been decreed by the Appellate Bench of Small
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Causes Court on 3 May 2019 coupled with the fact that this Court has
dismissed Civil Revision Application No.576 of 2019.
3 Considering long pendency of the suit, the Executing Court is bound to
take necessary steps so as to enable Plaintiffs-Decree Holders to enjoy fruits of
the decree passed in their favour. With the above observations, the Writ
Petition is accordingly disposed of.
(SANDEEP V. MARNE, J.)
SUDARSHAN RAJALINGAM
RAJALINGAM KATKAM
KATKAM Date:
2024.09.12
14:32:44 +0530
