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Bombay High CourtWP/11336/2022allowed to be withdrawn

Mahendra Balbhadra Thakkar v. Abdul Ali Chinwala And ANR

2022-11-10Hon'Ble Shri Justice Nitin W. Sambre2 pages

(913 & 915)-WP-11336 & 11961-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11336 OF 2022 WITH WRIT PETITION NO.11961 OF 2022 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.11.10 16:23:36 +0530 BALAJI GOVINDRAO PANCHAL Mahendra Balbhadra Thakkar ..Petitioner

Versus

Abdul Ali Chinwala & Anr.

..Respondents Mr. Dakshesh Vyas a/w Nagendra Dube i/by Lex Conveniens, for the Petitioner in WP No.11336/2022.

Mr. Nagendra Duby i/by Lex Conveniens, for the Petitioner in WP No.11961/2022.

Mr. Yogesh S. Palve, for the Respondents in both Petitions. CORAM : NITIN W. SAMBRE, J.

DATE : 10th NOVEMBER, 2022 P.C.

1.

Both these petitions are by the decree-holder questioning the orders passed in the execution proceedings. 2.

Since the decree was passed ex-parte at the behest of respondents/judgment debtors, MARJI Application No.82 of 2020 is pending consideration for setting aside ex-parte decree dated 22nd January, 2020. I am informed that the said MARJI Application has reached to the stage of final argument.

3.

In this background, in view of assurance given by the BGP.

(913 & 915)-WP-11336 & 11961-22.doc.

respective counsels for decree-holder and judgment-debtors, it is directed that the hearing of the MARJI Application be concluded in any case within period of ten weeks from today. 4.

The fact remains that the petitioner's/decree-holder's claim as regards fraud being practiced by the judgment debtors is already raised, same be appreciated at the time of deciding said MARJI Application.

5.

Apart from above, it is made clear that in case if the MARJI Application is decided against the interest of the judgment debtors, the petitioner has every right to renew his claim for issuance of police protection for execution of the decree in accordance with law.

6.

In view of aforesaid order, both these writ petitions are permitted to be withdrawn. As such, both these petitions stand dismissed as withdrawn.

[NITIN W. SAMBRE, J.] BGP.