Siddharth Suhas Bhagat v. Bimal@ Bimalkumar Mannulal Agarwal

(8)WP-2722-20.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2722 OF 2020 Siddharth Suhas Bhagat ] ..Petitioner.

v.

Bimall Bimalkumar Mannulal Agarwal ] ..Respondent.

Siddharth Bhagat, Petitioner in person.

Mr.Shailesh Kharat, for Respondent.

CORAM : N.R.BORKAR, J.

DATE :

30TH MARCH, 2021.

P.C.

1] The respondent herein had filed an application at Exhibit 9 in Darkhast No.87/2019 for issuance of possession warrant. 2] The Petitioner herein had filed reply to the said application and sought rejection of it on the ground that contents of application are not legible. The executing court rejected the request made by the Petitioner. The Petitioner has impugned the said order in the present Petition.

3] I have heard the Petitioner in person and learned counsel for the respondent. Learned counsel for the respondent submits that contents of the application are very much legible. It is submitted that Petitioner is taking all sorts of objection to avoid execution of the decree. He, however, submits that to avoid further controversy, the 1/2

(8)WP-2722-20.doc respondent be permitted to file fresh application. In view of statement of learned counsel for the respondent, the Writ Petition is disposed of in following terms :

ORDER

1] Respondent is permitted to withdraw application at Exhibit 9 and liberty is granted to the respondent to file fresh application for the same relief.

2] The executing court shall endevour to decide the said application as expeditiously as possible. [N.R.BORKAR, J] 2/2