Kavalabai Shankar Tawde Deceased Thr Lrs Maroti Shankar Tawade And Another v. Shankar Bapuji Tawade And Others

107.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 WRIT PETITION NO.107 OF 2022 KAVALABAI SHANKAR TAWDE DECEASED THROUGH her L.Rs.

MAROTI SHANKAR TAWADE & ANOTHER

VERSUS

SHANKAR BAPUJI TAWADE & OTHERS ...

Advocate for the petitioners : Mr.V.D.Patnoorkar ...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 05.01.2022 P.C. :

1] Learned counsel for the petitioners submits that though decree is passed long back and execution petition is filed in the year 2000, the said Execution Petition is not yet decided. Moreover, 21 years has lapsed. Fraudulent objections are filed and the same are also not decided by the Court.

2] We can understand predicament of the petitioners, however, objections are required to be decided by the Court. The petitioners shall make an application to the Court where the Darkhast is pending for taking decision on the application expeditiously, which application shall be considered by the Court. The Court shall endeavour to

107.22WP decide the objections in accordance with law and procedure expeditiously.

3] Considering that execution petition is pending for 21 years, in case even after filing the application, the objections and / or execution petition are not proceeded further, then the petitioners may move this Court. Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC