Bombay High CourtWP/7042/2016dispossed offdismiss for default

Ramesh Fulchand Baheti v. Vigyan Girish Agrawal And Others

2020-03-06Hon'Ble Shri Justice Avinash G. Gharote1 pages

5 WP 7042-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7042 OF 2016 Ramesh Fulchand Baheti ...Versus...

Vigyan Girish Agrawal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- - Shri A.C. Dharmadhikari, Counsel for petitioner Shri S.A. Mohta, Counsel for respondent No.1 CORAM : AVINASH G. GHAROTE, J.

DATE : 06.03.2020 Shri S.A. Mohta, learned Counsel for respondent no.1/ decree-holder makes a statement, that the judgment and decree as passed by the 4th Joint Civil Judge, Junior Division, Akola, in Regular Civil Suit No.505/2012, dated 31.02.2015, has been set aside by the Appellate Court in first appeal and as such the decree sought to be executed in R.D.No.77/2015, does not survive at all. He submits, that a second appeal against the dismissal of the suit, is presently pending in this Court.

In view of the statement, the execution proceedings do not survive, as of date, in light of which, the present writ petition is rendered infructuous and is disposed of as such. No order as to costs.

JUDGE J.Pethe