Santoshkumar Avtarkrishna Kaul v. Zilla Parishad Jalgaon Through The Chief Executive Officer And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 4589 OF 2020 SANTOSHKUMAR AVTARKRISHNA KAUL

VERSUS

ZILLA PARISHAD JALGAON THROUGH THE CHIEF EXECUTIVE OFFICER AND OTHERS ...

Advocate for Petitioner : Mr. Bhokarikar Madhav M. ...

CORAM

: MANGESH S. PATIL, J.

DATE : 7 JUNE 2022 PC :

Heard learned advocate Mr. Bhokarikar for the petitioner who had suffered a money decree and was seeking order to stay the execution of the decree but his request was turned down by the executing Court by the order under challenge in this petition. 2.

Mr. Bhokarikar, on instructions, submits that even though the execution was preferred, simultaneously, a substantive appeal was preferred challenging the selfsame decree in the form of regular civil appeal no. 924 of 2012. By the judgment and order dated 17-09-2021, the appeal has been allowed and the suit has been remanded for fresh trial. He, therefore, submits that since the decree is no more in existence, the petition becomes infructuous and may be disposed of. 3.

In view of the statement, the writ petition is disposed of. [ MANGESH S. PATIL ] JUDGE arp/