Bombay High CourtCAW/540/2017admittedallwdgrantedrule absolute

Purushottam S/O Dadaji Bind v. Jagdish S/O Dadaji Bind

2017-03-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp483.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.483 OF 2016 (PURUSHOTTAM DADAJI BIND....VS.. JAGDISH DADAJI BIND) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Harsh Kothari, advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : MARCH 01, 2017.

CAW NO. 540/2017.

As the application is filed within prescribed limitation and accepting the statements made in the application, the applicants are permitted to come on record as legal representatives of the deceased petitioner. The civil application is allowed.

W.P.NO.483/2016.

The judgment debtor has filed this petition challenging the order passed by the executing Court rejecting the objection filed by him under Section 47 of the Code of Civil Procedure. The impugned order is passed on 5th March, 2015. The learned advocate for the petitioner states that the execution proceedings are disposed, however, an application praying for restoration of possession is filed before the executing Court and it is pending.

In view of the subsequent events, the challenges in this petition are rendered infructuous.

2 wp483.16 Keeping the points raised in this petition open for consideration in appropriate proceedings, the petition is disposed. No costs.

JUDGE Rraut..