Gopinath Raghu Kadam Since Deceased Thr Lrs Maruti Gopinath Kadam And ORS v. Dnyanoba Gahininath Tambe And ORS

2025:BHC-AUG:37207-DB 1 905-CA 14003-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14003 OF 2025 IN WP/1047/2011 Gopinath Raghu Kadam Since Deceased Through L.Rs.

Maruti Gopinath Kadam And Others .. Applicants

Versus

Dnyanoba Gahininath Tambe And Others .. Respondents Mr. N. K. Choudhary, Advocate h/f Mr. S. M. Gaikwad, Advocate for Applicants.

Ms. Neha B. Kamble, AGP for Respondent-State. Mr. H. V. Tungar, Advocate for Respondent Nos. 1 to 4. CORAM : KISHORE C. SANT AND VAISHALI PATIL-JADHAV, JJ.

DATE : 19th DECEMBER, 2025.

PER COURT :- 1.

The applicants have prayed for stay to disbursal of the amount in L.A.R. Darkhast No. 100/2016 pending in the Court of learned Civil Judge Senior Division, Beed.

2.

The learned advocate Mr. Tungar for respondents points out that, the application with the same prayers is already filed in the execution proceedings.

2 905-CA 14003-2025.odt 3.

In view of this, this Court finds that the applicants cannot prosecute application before both the forums simultaneously. 4.

On this situation, the learned advocate Mr. Choudhary for the applicants, on instructions, submits that, he would prosecute the application pending before the Executing Court. 5.

Considering that, nothing remains to be decided in the present civil application. The civil application stands disposed of. 6.

The Executing Court is expected to decide the application pending before him within a period of six weeks from today. ( VAISHALI PATIL - JADHAV, J.) ( KISHORE C. SANT, J. ) P.S.B.