Smt. Heerabai W/O Shrikrishna Chidarwar (Dead) Thr. Lrs. v. Prashant Prabhakar Mukawar And Others

(1) 910wp3747.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF Heerabai Shrikrishna Chindarwar thr L.Rs and ors__ Vs. __Prashant Prabhakar Mukawar and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. B.B.Mehadia, Advocate for petitioners CORAM :

AVINASH G. GHAROTE, J.

DATE : 20/06/2023 1] Mr. Mehadia, learned counsel for the petitioners submits that since it is alleged that the respondent nos. 1 & 2 are the transferors from the original judgment debtor, they would not have any right under Order 21 Rule 102 of the CPC . However, since the application at Exh. 28 does not spell this out, nor does it lay a foundation for that proposition, on instructions he seeks to withdraw the petition with liberty file an appropriate application laying down the basic foundational facts for the purpose of invoking the provisions of Order 21 Rule 102 of CPC and other applicable provisions of the CPC before the learned executing Court.

2] The statement is accepted. The petition is dismissed as withdrawn with liberty as prayed for. JUDGE Digitally sign byRAJESH VASANTRAO JALIT Location:

Rvjalit