Bhimashankar @ Bhima Gyanoba Patewar v. Arjun Gyanoba Patewar And Anothers

WP 9824-2015

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9824 OF 2015 BHIMASHANKAR @ BHIMA GYANOBA PATEWAR ...PETITIONER

VERSUS

ARJUN GYANOBA PATEWAR & ANOTHER ...RESPONDENTS .....................

Mr. Pravin P. Uttarwar , Advocate for the petitioner. Mr. Solshe, Advocate for respondent No.1 .....................

CORAM

:

SUNIL P. DESHMUKH, J DATE :

19/07/2017 PER COURT :

1.

Heard learned counsel for parties.

2.

Learned counsel for petitioner submits that, judgment debtor has filed objection at Exhibit 14 and contended that properties are not partible. However, yet commissioner is appointed. Petitioner apprehends that the basic objection about the alteration in shares due to death of Jankabai has not been taken into account and it is unlikely to be taken in to account going by the undercurrent of the order.

WP 9824-2015 3.

Having regard to that objection Exhibit 14, does not appear to have been decided, it would be open for the petitioner to take up the contention which is apprehended would not be taken into account and the matter be considered accordingly. Hence, writ petition is disposed of. ( SUNIL P. DESHMUKH, J.) vjg/-