Bombay High CourtWP/6075/2017disposed offdismissed for default

Shantilal Bhagchand Lodha Through Power Of Attorney Holder Ulka Pradeep Jain v. M/S Terkheda Chemicals Pvt Ltd Through Kantilal Chandulal Borana And Others

2017-05-03Hon'Ble Shri Justice M.S. Sanklecha2 pages

WP 6075/17 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6075/2017 Shantilal Bhagchand Lodha, through Power of Attorney Holder Pradeep Jain.

...Petitioner..

Versus

M/s Terkheda Chemical Pvt.Ltd., through Kantilal Chandulal Borana & others.

...Respondents...

.....

Shri J.M. Murkute, Advocate for petitioner.

.....

CORAM: M.S. SANKLECHA, J.

DATE: 03.05.2017 ORDER :

1] This petition challenges the order dated 29.10.2015 passed by the learned Civil Judge, Senior Division, Pune. The impugned order passed in execution proceedings has allowed the application of the respondents for releasing the landed property from attachment. The property had been attached consequent to the non-payment of the decretal amount by the respondents.

2] Mr.Murkute, learned counsel for the petitioner,

WP 6075/17 - 2 - states that the petitioner is of 90 years of age. The suit was decreed in his favour on 30.1.2006. The petitioner has filed an application in April, 2017, before the learned Civil Judge, Senior Division, to recall the order dated 9.10.2015 bringing on record certain additional facts.

3] Considering the age of the petitioner and the long delay in the execution proceedings, the trial Court is directed to dispose of the petitioner's application (Exh.94) filed in April, 2017, as expeditiously as possible and preferably within a period of eight weeks from today.

4] The petition is disposed of with the above directions.

(M.S. SANKLECHA, J.) ndk/c35178.doc