Sudhakar Balaram Bagkar v. Devendra Shyamsundar Bagkar And ORS

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.03.30 13:31:19 +0530 10.1605.20 WP.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1605 OF 2020 SUDHAKAR BALARAM BAGKAR ....PETITIONER V/s.

DEVENDRA SHYAMSUNDAR BAGKAR .....RESPONDENTS AND ORS Mr. Rajesh Kachare i/b Mandar P. Patil Advocate for the Petitioner Mr. Amit S. Potnis for Respondent nos. 6, 8, 9, 12, 13 & 22 Mr. Rakesh Bhatkar a/w Mohan N. Devkule for Respondent nos. 1 to CORAM :

NITIN W. SAMBRE, J.

DATE:

MARCH 28, 2022.

P.C.:

1) Heard respective counsel.

2) It appears that Decree which is under execution in Execution Application No. 1/2016 is ignored by the Court below while passing the order below Exh. 51 i.e. while deciding clarification sought by the Court Commissioner who was appointed pursuant to order passed below Exh. 49 on 22/06/2018.

3) Since the order dated 18/02/2019 passed below Exh. 51 which 1/2

10.1605.20 WP.doc is impugned herein is contrary to the very Decree which is under execution, same is quashed and set aside. Parties hereto are directed to appear before the Executing Court who shall decide Application Exh. 51 after offering opportunity of hearing to the parties. 4) Needless to clarify that Executing Court shall be sensitive to the Decree passed.

[NITIN W. SAMBRE, J.] 2/2