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Bombay High CourtWP/4268/2016disposed offdismissed for default

Abdul Riyaz Abdul Wahed Deshmukh Died Lrs Abdul Salim Abdul Riyaz Deshmukh And Another v. The State Of Maharashtra And Others

2016-07-21Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane2 pages

WP 4268/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4268/2016 Abdul Riyaz Abdul Wahed Deshmukh, died, L.Rs. Abdul Salim Abdul Riyaz Deshmukh & another.

...Petitioners..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri R.R. Mantri, Advocate for petitioners.

Shri M.B. Bharaswadkar, AGP for respondent nos.1 to 3. Shri G.C. Navandar, Advocate for respondent nos.4 & 5. .....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 21.07.2016 ORDER :

1] The execution application is stated to be pending since 1994 and the prayer is made by the decree holder to issue directions to the executing Court to decide the execution proceedings expeditiously. The executing Court has tendered a report stating therein that there are 12 objections presented by the parties, which need to be dealt with.

WP 4268/16 - 2 - 2] Considering the fact that the Regular Darkhast is pending since 1994, we direct the executing Court to give priority for disposal of the execution proceedings and take appropriate decision in the matter as expeditiously as possible and preferably within a period of six months from today and it is accordingly directed. Both the parties are present before this Court and they undertake to extend full cooperation to the learned Judge dealing with the execution application.

3] Writ petition is disposed of accordingly.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c2171613.doc