Kisan Shripat Patil And Another v. Ragho Vedu Patil Through Gpa Vitthal Ragho Patil

1487.2015 WP

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 1487 OF 2015 Kisan Shripat Patil and another ...

Petitioners

Versus

Ragho Yedu Patil through GPA Vitthal Ratho Patil ... Respondent .....

Mr. A.H.M. Vakil, Advocate for respondent .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 26th FEBRUARY , 2015 PER COURT :

1.

On 22-02-2015, none appeared for the petitioner. Shri Vakil learned Advocate for the respondent placed on record a document which is marked as 'X' for identification. His contention was that the decree has already been executed and since it has been satisfied, R.D. No. 159 of 2012 has been disposed off by the Executing Court. He had further stated that the impugned order dated 02-12-2014 passed by the Executing Court has, therefore, merged in the final order of disposal passed by the Executing Court.

1487.2015 WP 2.

Matter was adjourned on 20-02-2015 since the petitioner was absent. Today, at the first call neither of the two Advocates of the petitioners were present, nor was any request made. When the matter called out for the second time post lunch, none appears for the petitioners.

3.

Shri Vakil has further placed on record a print out of the case status of R.D. No. 159 of 2012 from the District Courts Maharashtra website to point that the said execution proceedings have already been disposed off. The print out is taken on record and marked as 'Y" for identification.

4.

In the light of the above, the statement of the respondent is accepted.

5.

Taking into account the said statement and the documents at Exhibit 'X' and 'Y', nothing survives in this petition and as such the petition is dismissed having been rendered infructuous. ( RAVINDRA V. GHUGE, J. ) SDM* FEBRUARY-2015