Shri. Ashok Haribhau Balghare And ANR v. Shri. Haribhau Shivaram Balghare (Decd) And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9398 OF 2015 Shri Ashok Haribhau Balghare and Anr.

] ... Petitioners

Versus

Shri Haribhau Shivram Balghare ] (Since Deceased) and Ors.

] ... Respondents Mr. Jaydeep Deo for Petitioners.

Mr. T. D. Deshmukh for Respondent No.23.

Mr. A. R. Metkari, A.G.P., for Respondent No.24. CORAM :- M. S. SONAK, J.

DATE :- OCTOBER 01, 2015 P. C. :- 1.

Not on board. Upon production, taken on board. 2.

This petition challenges order dated 26/06/2015, by which the Additional Collector, Pune, has vacated the interim relief granted earlier during the pendency of second appeal instituted by the petitioners.

3.

There at at least two authorities which have held against the petitioners in the matter of execution of the decree made by the Civil Court. At this stage, therefore, it would be appropriate to direct the Additional Collector to dispose of R.T.S. Appeal No.136 of 2015 as

2 WP 9398-15.doc-P-33 expeditiously as possible and in any case, within a period of three months from the date of production of authenticated copy of this order.

4.

Further, it is made clear that any activity which is undertaken by respondent no.23 in or upon the suit property shall be subject to the final order that may be made in he appeal before the Additional Collector. The respondent no.23 shall, therefore, not claim any equity in respect of such activity undertaken during the pendency of the appeal before the Additional Collector. 5.

Further, it is made clear that the Additional Collector to dispose of the appeal on its own merits and in accordance with law within in any manner being influenced by the observations made in the impugned order dated 26/06/2015 or the factum of nonentertainment of the present petition. 6.

All contentions of all parties are left open for decision by the Additional Collector.

7.

With the aforesaid observation, this petition is disposed of. 8.

All concerned to act on basis of authenticated copy of this order.

(M. S. SONAK, J.)

3 WP 9398-15.doc-P-33 CERTIFICATE Certified to be true and correct copy of the original signed Order.