Aslam S/O. Abdul Rehman Chunawal And ORS v. Haji Makbool Mohemmed Hanif Kolar Qureshi And ORS

(17) WP-10122-19.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2021.02.18 12:32:38 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10122 OF 2019 Aslam S/o. Abdul Rehman Chunawala & Ors.

.... Petitioners.

V/s Haji Makbool Mohemmed Hanif Kokar Qureshi and Ors.

.... Respondents.

---- Mr. V.S. Kapse i/b Mr. Sameer Bhalekar for the Petitioners. Mr. Surel Shah a/w Mr. Rishikesh Soni a/w Raveena Yadav for the Respondent.

----- CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 16, 2021 P.C.:- 1] Heard Mr. Kapse learned Counsel for the Petitioner and Mr. Surel Shah learned Counsel for the decree holder. 2] Decree under execution came to be passed by consent on 20/6/2014 out of which Darkhast Proceedings No.75 of 2015 came to be initiated.

3] I am informed by the learned Counsel for the Respondent that pursuant to the order impugned dated 3/5/2019, decree is already executed and the Petitioner/judgment debtor has already handed over 1/2

(17) WP-10122-19.doc possession of the suit premises.

4] In the aforesaid backdrop, since the decree is already executed, I see no reason which calls for interference in the impugned order. Petition stands dismissed.

( NITIN W. SAMBRE, J. ) 2/2