Shaikh Hussain Sh Chotu And Others v. Musa Abdul Rashed And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10069 OF 2019 Shaikh Husain Sk. Chotu and others Petitioners versus Musa s/o Abdul Rasheed and others Respondents.

Mr.J.M. Murkute, advocate for the petitioners. ...

CORAM : RAVINDRA V. GHUGE, J.

Date: August 14th, 2019 ...

PER COURT :- I have heard the petitioners, who vehemently claim that, they are not Judgment debtors.

After the impugned order dated 24.6.2019 was passed, by which the Executing Court has issued warrant against the Judgment debtors, these petitioners, now intend to challenge the order dated 5.9.2018, which has attained finality, by which, the executing Court had directed the bailiff to put the decree holders, in possession of the suit property that was decreed. Considering the above, notwithstanding the fact that, the petitioners have canvassed a host of factors only with the intention of narrating a chequered history of the litigation, I find

{2} wp 10069.19.odt that this petition is vexatiously filed.

In view of the above, this petition is dismissed by imposing costs of Rs.1,000/- upon each of the petitioners, who shall deposit the said amount in this Court on or before 31.8.2019 for the treatment of poor patients with the Medical Officer High Court Dispensary, Aurangabad, to be transmitted to the Dean, Government Medical College & Hospital, Aurangabad. After depositing the amount, they shall produce the receipt before the Executing Court within one week, failing which, the Executing Court would decline to entertain any further grievance of the petitioners.

(RAVINDRA V. GHUGE, J) vbd