Keshav S/O Bhivaji Thakur And 2 Others v. Islambi Ibrahim Baig Dead, Through Lrs. Mumtaj Ibrahim Baig And Others

2025:BHC-NAG:3916 16.wp.1760.19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1760 of 2019 Keshav s/o Bhivaji Thakur and others vs.

Islambi Ibrahim Baig (since dead), through L.Rs. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.S. Dhore, Advocate for the Petitioners. Mr. N.R. Bhishikar, Advocate for Respondent Nos.1(c) and 1(e).

CORAM

: ANIL L. PANSARE, J.

DATE : 16 th APRIL, 2025.

Heard.

02.

The argument is that the executing Court has passed order below Exh.87 and Exh.88 in R.D. No.10/2009 without adjudicating the objections as regards executability of the decree, which is passed against the dead person and, secondly, that the petitioners, and not their father, were the owners of the property.

03.

Though, learned Counsel for the respondents made an attempt to justify the order, he failed to show that the objections so raised, have been considered by the trial Court while deciding the applications. 04.

The order impugned, therefore, is unsustainable. 05.

The petition is partly allowed. The order dated 04/08/2018 passed below Exh.87 and Exh.88 in Regular Darkhast No.10/2009 is quashed and set aside. The applications are restored to file of the learned Civil Judge Junior Division, Bramhapuri for considering afresh in accordance with law and what has been noted in the body of the order. 06.

The parties shall appear before the executing Court on 8th of May, 2025.

(Anil L. Pansare, J.) *sandesh