Maqbool Ahmed S/O Haji Ameerullah Amber And Another v. Mohd. Rizwan Ansari

10wp2640.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2640/2022 MAQBOOL AHMED S/O HAJI AMEERULLAH AMBER AND ANOTHER VS MOHD. RIZWAN ANSARI Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Rashmi, counsel h/f Shri R.K. Mahajan, counsel for the petitioners.

CORAM : ANIL S. KILOR, J.

DATED : 25/01/ 1.

The order below Exhibit No.10 dated 26/02/2021, passed by the 5th Joint Civil Judge, Senior Division, Nagpur in Special Darkhast Number of 110/2019, allowing the application moved by the decree holder for permission to deposit the amount of Rs.5,00,000/- for the purpose of specific performance and sale-deed as per the judgment and decree dated 28/03/2019 was allowed, is under challenged.

2.

It is pertinent to note that the objection raised to the said application, by the petitioner is kept pending for the decision. The Court has categorically observed that, without prejudice to the objection raised by the judgment debtor, the application is allowed and the objection shall be decided separately. Thus, there is no order adverse to the rights of the petitioner. rkn

10wp2640.2022.odt 3.

In the circumstances, I do not find any error committed by the learned trial Court in permitting the decree holder to deposit the amount. Accordingly, the writ petition is dismissed.

JUDGE Signed By:RAJESH K NANDURKAR rkn