Tarachand S/O Keshaorao Rokde vs Ramesh Natthuji Dhage, (Since ...
2025 Latest Caselaw 3710 Bom

Bombay High Court

Tarachand S/O Keshaorao Rokde vs Ramesh Natthuji Dhage, (Since ... on 20 August, 2025

                                       1                                                                                                                             wp 4744.25.odt

                                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                            NAGPUR BENCH : NAGPUR
                                                                                   Writ Petition No.4744/2025
                                                                                Tarachand V Ramesh and others
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                 Office Notes, Office Memoranda of Coram,                                                                                         Court's or Judge's orders
                 appearances, Court's orders of directions
                 and Registrar's orders
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                                              Mr. S.S. Deshpande, Advocate for petitioner.

                                                        CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 20-08-2025.

Heard Advocate Mr. Deshpande, learned Advocate for the

petitioner.

2. Challenge is to order dated 16-08-2025 passed by the

Executing Court issuing warrant of possession as regards House Nos.98,

98-A and 98-B. Learned Counsel for petitioner submits that the decree

holders is owner of property bearing house No.98-B, which he has

purchased in accordance with Sale Deed dated 04-12-1981. It is submitted

that the Executing Court has observed that the judgment debtors are not

owners of the property bearing House Nos.98, 98-A and 98-B and

therefore the decree holders are entitled for possession of all these

properties is unsustainable. It is submitted that the possession warrant is

sought to be executed with respect to all the properties.

3. In view of this, issue notice to the respondents, returnable

after four weeks

4. In the meantime, there shall be stay to the impugned order,

dated 16-08-2025 passed by the executing Court.

(Prafulla S. Khubalkar, J.) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 20/08/2025 18:27:01