Jagannath Digambar Godbole v. Ambajogai Sahakari Sakhar Karkhana Ltd. Through Its Managing Director

(1) 27-wp-13-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13 OF 2022 WITH CA/14532/2022 IN WP/13/2022 JAGANNATH DIGAMBAR GODBOLE

VERSUS

RAMBHAU NAMDEO JAGTAP AND OTHERS ...

Mrs. M. A. Kulkarni, Advocate for the Petitioner. ...

CORAM : SHARMILA U. DESHMUKH, J.

DATED : 27th JANUARY, 2023.

PER COURT:- 1.

Heard.

2.

The petitioner is aggrieved by the order dated 17.03.2018 passed by the Executing Court disposing of the petitioner's application for issuance of the possession warrant. The petitioner is the decree holder and seeks warrant of possession in respect of Gut No.41.

3.

It is apparent from the order dated 17.03.2018 that, the Executing Court had issued directions below Exhibit-137 seeking certified copy of the map and the exact area with necessary specification about four boundaries in respect of which possession warrant is sought. As the petitioner has not complied with the said directions, the Executing Court is unable to execute the decree.

4.

Learned counsel for the petitioner submits that within a period of four weeks, requirements as stated in the impugned order dated 17.03.2018 will be complied with by the petitioner.

(2) 27-wp-13-2022 5.

Upon compliance of the necessary directions below Exhibit-137, the Executing Court to take further steps for executing decree in question.

6.

Writ Petition is disposed of with above direction. 7.

In view of disposal of writ petition, civil application is also disposed of, as nothing survives for consideration in the civil application.

(SHARMILA U. DESHMUKH) JUDGE Devendra/January-2023