Dattatraya Parbata Shelge And ORS v. Gangadhar Dattatraya Shelge And ORS

WP-10748.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 10748 OF 2015 Dattatraya s/o Prabata Shelge and others .. Petitioners vs Gangadhar s/o Dattatraya Shelge and ors.

.. Respondents ----- Mr. Satish S. Manale, Advocate for petitioners Mr. V. M. Maney, Advocate for respondent no.1 CORAM :

SUNIL P. DESHMUKH, J.

27TH OCTOBER, 2015 ORDER:

1.

Heard learned counsel for the parties.

2.

On perusal of impugned order on application Exhibit 5 in regular civil appeal No. 21 of 2015 passed by learned District Judge-2, Udgir, it appears that the court has considered the application to be premature since there was no room for apprehension about execution of the decree in regular civil suit no.293 of 2012 and thus prayer has been rejected.

WP-10748.15 3.

In the circumstances, if the room for apprehension for execution of decree is created and an application for execution is taken up, it is open for the petitioners to make proper application for interim relief afresh, which shall be considered without being bogged down by rejection of earlier application at Exhibit - 5.

4.

Writ petition accordingly stands disposed of. SUNIL P. DESHMUKH, J.

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