Suresh Gopikrushna Purohit v. Siddeshwar Alias Siddhi Chunnilal Dhobhal And Others

WP No.7032/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO.7032 OF 2022 SURESH GOPIKRUSHNA PUROHIT

VERSUS

SIDDESHWAR ALIAS SIDDHI CHUNNILAL DHOBHAL AND OTHERS ...

Advocate for Petitioner : Mr. J.M. Murkute AGP for Respondent/State : Mr. S.G. Sangle ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATED : JULY 27, 2022.

PER COURT :

1.

The petitioner has put forth prayer clauses 'B' and 'C' as under :- B) The learned Civil Judge Junior Division Bhokardan may kindly be directed to consider and decide Execution Petition R.D. No.3/2020 (Suresh Purohit V/s. Siddeshwar alongwith Contempt Petition No.1/2022 Exhibit - 45 in R.D. No.3/2020 as expeditiously as possible within a period of 3 months. C) Pending hearing and final disposal of this Writ Petition the necessary report from the Trial Court i.e. Civil Judge Junior Division Bhokardar, District Jalna may kindly be called for to ascertain why the delay is caused in for deciding Execution Petition R.D. No.3/2020.

2.

This petition has been filed on 7.5.2022, seeking issuance of the writ of mandamus, for directing the learned Civil Judge, Junior Division, Bhokardan, to explain as to why the execution proceedings

WP No.7032/22 instituted in 2020 and the contempt petition instituted in 2022, are being delayed.

3.

We find that this petition is practically aimed at pressurising a member of the judiciary. An order of this Court is sought, calling upon the learned Judge to tender an explanation for a purported delay. We find that this petition is an abuse of the process of law. 4.

As such, this petition is dismissed, by imposing costs of Rs.10,000/- (Rupees ten thousand). The petitioner shall deposit the said amount in this Court, on or before 20th August 2022, failing which the District Collector, Jalna, shall initiate appropriate proceedings for recovery of the said amount as arrears of land revenue under the Maharashtra Land Revenue Code. [ARUN R. PEDNEKER J.] [RAVINDRA V. GHUGE, J.] SSC/