Rambhau S/O. Daulatrao Patil And ANR. v. Ajay S/O. Manakchand Bilala And ORS.

1 caw 833.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAW) No. 833 of 2025 in Writ Petition No. 519 of 2025 [Rambhau S/o Daulatrao Patil and anr. ..vs.. Ajay S/o Manakschand Bilala and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dr. (Mrs.) S. V. Sirpurkar, Advocate for the applicants/petitioners CORAM : ANIL L. PANSARE J.

DATED : 04-04-2025 Heard.

For the reasons set out in the application, the application is allowed.

Amendment be carried out within two working days. Amended copy of petition be served on other side. The application is disposed of.

Writ Petition No. 519 of 2025 It appears that without settling terms of proclamation of sale in terms of Rule 66 of Order 21 of the Code of Civil Procedure, 1908, the executing Court has issued order to publish proclamation.

On 29-1-2025, notice was issued on petition as well as on interim relief. None appeared for the respondents though served.

In order to give one more opportunity to the respondents, list the petition in the week commencing from 5-5-2025.

In the meantime, there shall be interim relief in terms of prayer clause iii(b) which reads as under.

2 caw 833.2025.odt "iii(b) : Grant stay to the effect operation and implementation to Sale Proclamation (Annexure-18) passed by Ld. 9th Jt. Civil Judge Senior Division, Akola during the pendency of present petition."

It is noticed that the money decree is of April, 2017 and is not honoured by the petitioners till today. The petitioners shall, therefore, state as to what steps were taken to pay the decreetal amount.

The petitioners shall comply with the practice note no. 14 of the Bombay High Court Appellate Sides Rules, 1960; particularly Clause (5) thereof.

(Anil L. Pansare, J.) wasnik