Ajit Chandrakant Naik And Another v. Nanda Khanderao Bandgar And Another

13-WP.1960-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 WRIT PETITION NO.1960 OF 2021 AJIT CHANDRAKANT NAIK AND ANOTHER

VERSUS

NANDA KHANDERAO BANDGAR AND ANOTHER ...

Advocate for Petitioners : Mr. Kulkarni Krishna K. ...

CORAM : V. K. JADHAV, J.

DATE : 01.02.2021 PER COURT :- 1.

Heard the learned counsel for the petitioners at length. 2.

By order dated 02.03.2020, below Exh.40 in R.D.No.71 of 2000, the Executing Court has allowed the application filed by the Decree Holder for inclusion of the petitioners, as party respondents in the proceedings as Judgment Debtors. Though the learned counsel for the petitioners has raised various objections, however, the petitioners are at liberty to raise all those grounds in the pending execution proceeding and the order impugned is only to the extent of allowing the application filed by the Decree Holder Exh.40 impleading the present respondents as Judgment Debtors to the execution

13-WP.1960-21.odt proceedings. In view of the same, the various objections now propounded by the petitioners by filing the present Writ Petition, those can be raised before the Executing Court and the Executing Court is bound to consider the said grounds. 3.

In view of the same, this is a premature stage to challenge the order passed below Exh.40 in R.D.No.71 of 2000. 4.

Thus, with these observations, the Writ Petition is disposed off.

(V. K. JADHAV, J.) ...

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