Vishnu Rangnath Baraskar And Anothers v. Bara Imam Masjid Trust Through Its Trustees And Others

*1* 903.wp.10847.15 kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10847 OF 2015 VISHNU RANGNATH BARASKAR AND ANOTHER

VERSUS

BARA IMAM MASJID TRUST THROUGH ITS TRUSTEES AND OTHERS ...

Advocate for Petitioners : Shri Shah J.R.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 28th October, 2015 Per Court:

The Petitioners are the Judgment Debtors in Regular Darkhast No.84/2008.

On 19.10.2015, the Petitioners moved an application for taking the matter on board for enabling the Petitioners to file an application seeking urgent orders. By the impugned order dated 19.10.2015, the Executing Court has not permitted the matter to be taken on board as no urgency was made out.

Shri Shah submits that, thereafter, once again an application was moved on 20.10.2015 for taking the proceedings on board. The same was also not entertained by the impugned order dated 20.10.2015 on the

*2* 903.wp.10847.15 ground that Regular Darkhast No.84/2008 is already posted on 02.11.2015.

The grievance of the Petitioners is that the Executing Court is not considering the urgency involved and the application with a supporting affidavit, which is ready to be filed, copy of which is placed on record in this petition from pages 65 to 68.

Having considered the submissions of the learned Advocate for the Petitioners, I do not find that this petition deserves to be kept pending or any interference is called for considering the fact that Regular Darkhast No.84/2008 is already posted before the Executing Court on 02.11.2015. The application, copy of which is placed on record in this petition from pages 65 to 68, can very well be filed by the Petitioners on 02.11.2015.

With the above observations, this petition is disposed of. (RAVINDRA V. GHUGE, J.)