Samit Abhaykumar Mutha v. The Ahmednagar District Central Co-Operatiove Bank Ltd. And Others

{1} 945-WP-5918-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5918 OF 2021 Samit Abhaykumar Mutha Petitioner

Versus

The Ahmednagar District Central Co-Operative Bank Ltd. And Others Respondents Mr. V.S. Bedre, Advocate for the petitioner.

Mr. T.M. Shaikh h/f. Mr. V.R. Dhorde, Advocate for respondent No. 1.

Mr. A.C. Darandale, Advocate for respondent No. 3. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th AUGUST, 2023 ORDER :

1.

A preliminary objection is raised by learned advocate for respondent No. 3 as to the maintainability of the present writ petition, by relying on a decision of this Court in Shri Pradeep Ramgopal Gupta Vs. Smt. Rukminibai Rammanohar Shahu & Ors., 2020(2) ALL MR 368, wherein it is held that, "order passed by the Executing Court on application filed under section 47, Order 21 Rule 97 and 103 of CPC, has the same force as of decree and the said order has to be challenged by way of filing appeal and writ petition against the said order is not maintainable."

Bhagyawant Punde

{2} 945-WP-5918-2021 2.

Faced with this situation, learned advocate for the petitioner on instructions seeks permission to withdraw the writ petition with liberty to file appeal challenging the orders impugned in the present petition.

3.

Writ petition is disposed of as withdrawn with liberty as prayed for.

4.

Needless to mention that the time spent by the petitioner in prosecuting the present petition shall be considered by the Appellate Court while considering the delay condonation application.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde