Deepakkumar Dwarkadas Agrawal v. Smt. Kantabai Ramesh Balapure

wp5117of16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5117 OF 2016 (Deepakkumar Dwarkadas Agrawal..vs..Smt.Kantabai Ramesh Balapure) ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------- Shri Sagar Katkar, Advocate for petitioner.

Shri. U.J. Deshpande, Advocate for respondent. CORAM: RAVINDRA V. GHUGE, J.

DATE: 7 th JANUARY, 2020.

1.

On 6.9.2016, the petitioner gave an undertaking to this Court that the illegal wall will be demolished within two weeks. Specifically recording the said statement, this Court directed the Executing Court not to proceed to execute the decree.

2.

The learned Advocate for the petitioner submits on instructions today that the undertaking given to the Court has not been complied with and the demolition has not been carried out, for the last 3 years and 4 months.

3.

In view of the above, this petition is dismissed. The Executing Court shall proceed with Regular Darkhast No. 83 of 2013.

(Ravindra V. Ghuge, J.) Belkhede RS