Osmankhan Alikhan Pathan Died Hayatbee Osman Pathan Died Shafi Osman Pathan And Others v. Pathan Balekhan Pathan Died Through Lrs Nabikhan Pathankha Pathan And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4906 OF 2023 Osmankhan Alikhan Pathan (Died) LRs & Others PETITIONERS

VERSUS

Pathan Balekhan Pathan (Died) LRs & Others RESPONDENTS .......

Mr. Sandip R. Andhale, Advocate for the petitioners Mr. N. K. Chaudhari, Advocate for the respondents .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 7 th SEPTEMBER, 2023 ORDER :

1.

Leave to correct the prayer clause.

2.

For the lapses committed by the petitioners - judgment debtors, their request to accept say below Exhibits-42 and 43 in Regular Darkhast No. 14 of 2017, is declined by the Executing Court.

3.

Learned advocate for the respondent - decree holders opposed the petition contending that the judgment debtors are prolonging the matter and delaying the execution proceedings, with mala fide intention.

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He may be justified in saying so, but on that ground alone, opportunity of hearing should not be denied to the petitioners - judgment debtors. In that view of the matter, this Court is inclined to allow the writ petition.

5.

Writ petition is allowed, subject to the petitioners paying costs of Rs.15,000/- to the decree holders, in the Executing Court, within four weeks from the date of receipt of writ of this order.

[NITIN B. SURYAWANSHI] JUDGE drp/wp4906-23.doc