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Bombay High CourtWP/13411/2018disposed offdismissed for default

Karbhari Ganpat Pawar Died Thru Lr Sanjay Karbhari Pawar v. Murlidhar Shrikrushna Kulkarni And Others

2018-12-04Hon'Ble Shri Justice Nitin Jamdar2 pages

wp13410.18 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13410 OF 2018 JAMAL BUDAN SHAIKH DIED THRU LR RASHID ABULAL SHAIKH

VERSUS

MURLIDHAR SHRIKRUSHNA KULKARNI AND OTHERS WRIT PETITION NO.13411 OF 2018 KARBHARI GANPAT PAWAR DIED THRU LR SANJAY KARBHARI PAWAR

VERSUS

MURLIDHAR SHRIKRUSHNA KULKARNI AND OTHERS WRIT PETITION NO.13412 OF 2018 PARBAT ABAJI KALE DIED THRU LR SHRAVAN PARBAT KALE

VERSUS

MURLIDHAR SHRIKRUSHNA KULKARNI AND OTHERS ...

Advocate for Petitioner : Mr. Gaware Niteen V. Advocate for Respondent No.1 : Mr. Sanket S. Kulkarni .....

CORAM : N. M. JAMDAR, J.

DATED : 4 DECEMBER 2018 PER COURT:- 1.

It appears that the petitioners, in all these petitions, have challenged the orders passed by the executing court on 28 June 2016. According to the petitioners, the decree is not executable against them. Te petitioners have directly approached this Court by filing these writ petitions without first approaching the executing Court against the order passed in the year 2016. Te learned

wp13410.18 -2counsel for the petitioners, on instructions, seeks leave to withdraw these petitions. Te writ petitions are accordingly disposed of as withdrawn.

2.

In so far as the applications, as would be made by the petitioners, the executing court will decide the same on their own merits. All contentions of the parties are kept open, including that of delay and laches.

( N. M. JAMDAR, J.) rlj/