Munirabi Abdul Wahid Died And Others v. Bismilabi Mohd Yusuf And Others

8823.24WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO. 8823 OF 2024 MUNIRABI ABDUL WAHID DIED AND OTHERS

VERSUS

BISMILABI MOHD YUSUF AND OTHERS ...

Advocate for the petitioners : Mr.B.V.Dhage ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 08.10.2024 P.C. :

1] Heard the learned counsel for the petitioners. 2] This Court, by order dated 10.09.2024, has noted that by the impugned order dated 26.02.2024, the Joint Civil Judge Junior Division, Jalna refused to restore the execution proceeding bearing Regular Darkhast No.13/1999 on the grounds that the decree sought to be executed has been set aside by the Appellate Court. 3] The time was granted to the petitioners to point out whether the decree sought to be executed in Regular Darkhast No. 13/1999 is available for execution. However, the learned counsel for the petitioner has not placed on record any document to demonstrate that the decree sought to be executed in Regular Darkhast No.13/1999 is available

8823.24WP for execution. As such, I do not see any reason to interfere with the impugned order. Hence, the present Writ Petition is dismissed.

[ARUN R. PEDNEKER] JUDGE DDC