Shalubai Dinkar Biradar v. Ashok Ramrao Dhumal And Others

2025:BHC-AUG:36116 984-wp-4407-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4407 OF 2022 Shalubai Dinkar Biradar

VERSUS

Ashok Ramrao Dhumal And Others ...

Advocate for the Petitioner : Mr. Waramaa B.R. Advocate for Respondent Nos.1A to 1D : Mr. V.T. Patil Advocate for Respondent No.5 : Mr. M.G. Kochar ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 17, 2025 PER COURT :

1.

Heard learned counsel for respective parties. 2.

Present petition is arising out of the order dated 27/03/2000 passed below Exhibit-1 and 32 of RD No.27/1995, sale deed dated 10.03.2000 executed as per order passed in RD No.27/1995 and proceedings of RD No.27/1995 by learned CJJD, Nilanga, District Latur.

3.

After hearing for some time, it was noticed that the present petitioner has directly challenged the order passed by the learned Executing Court. In fact, the petitioner ought to have filed the application before the same Court by pointing out that there was a fraud committed by the decree holder. No such application was filed. 4.

Therefore, I deem it appropriate to dispose of the present petition by granting liberty to the petitioner to file an application

984-wp-4407-2022.odt (2) before the Executing Court and the same shall be decided by the Executing Court in accordance with law.

5.

Writ Petition stands disposed of.

(SIDDHESHWAR S. THOMBRE, J.) Mujaheed//