M/S. Sterling Motor Garage Through The Prop. Avtar Singh Mangal Singh Ahedi v. M/S. Shreerali Khan Mohamed Menekia Through Ca Bipin C Shah And ORS

18-wp8467-2019.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8467 OF 2019 Sterling Motor Garage Through the Proprietor Avtar Singh Mangal Singh Ahedi ... Petitioner V/s.

Sheerali Khan Mohamed Menekia Through its Constituted Attorney Bipin Chimanlala Shah & Ors.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2023.08.28 16:53:39 +0530 Mr. R. H. Haridas with Mr. Tushar Sonawane for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : AUGUST 28, 2023 P.C.:

1.

It appears that Special Civil Suit No.37 of 1980 was decreed by judgment and decree dated 4th February 1988. According to the petitioner, the property described by Map below Exhibit-108 has been handed over to the decree holder. According to the petitioner, application below Exhibit-212 has not been adjudicated on merits. Therefore, it would be in the interest of justice that the executing Court would decide application below Exhibit-212 on its own merit after giving opportunity of hearing to both parties. 2.

With this clarification, nothing remains to be adjudicated in the present writ petition. The civil writ petition is, therefore, disposed of. No costs.

(AMIT BORKAR, J.)