Narayan Rambhau Karanjkar And Others v. Ramling Bapurao Mali Died Lrs Padminibai Ramling Mali And Others

dyb 1 WP12396-16dt 20-12-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12396 OF 2016 Narayan s/o Rambhau Karanjkar & others ...

Petitioners

Versus

Ramling s/o Bapurao Mali (Deceased through LRs) & others ...

Respondents Mrs. M.A. Kulkarni, Advocate for the Petitioners. Mr. S.G. Jadhavar, Advocate for Respondents 1A & 1B. Mr. Mahesh Kale, Advocate holding for Mr. G.V. Solshe, Advocate for Respondents 1C, 1D, 1E and 2.

Coram : N.M. Jamdar, J.

Date : 20 December 2018.

Per Court :

1.

Heard learned counsel for the parties.

2.

After hearing learned counsel for the parties what emerges is that the main contention of the petitioners is that, till the cross objections filed by the petitioners, which are pending, are decided, the execution proceeding should not proceed. The learned counsel for the respondents states that the respondents-decree holders have no

dyb 2 WP12396-16dt 20-12-2018 objection if the cross objections are decided within a particular time frame and till the decision on the cross objections, the execution proceedings are not taken further.

3.

Since the contention of the petitioners is responded to in above fashion by the decree-holders, there is no purpose in keeping this petition pending.

4.

It is informed that the next date of hearing on the crossobjections is 22 January 2019. From 22 January 2019, the learned District Judge will decide the cross objections within a period of two months. The parties shall co-operate with the learned District Judge for disposal of the cross objections within the stipulated period as above. Till the cross-objections are decided as above, the execution proceeding in question will not proceed. All contentions of the parties as regards the cross objections are kept open. 5.

Writ petition is disposed of.

N.M. Jamdar, J.