Shridhar Vithal Pawar v. Late Yashwant Jijaram Pawar Since Decd. Thr His Legal Respres. And ORS

2025:BHC-AS:4609 48 wp 6250 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6250 OF 2024 Shridhar Vithal Pawar ...

Petitioner versus Late Yashwant Jijaram Pawar, through his legal representatives Mangal Yashwant Pawar and Ors.

...

Respondents Mr. Avinash Kango, for Petitioner.

Mr. Tejas Deshmukh, for Respondent Nos.14, 16 and 17. Ms. Tanu Bhatia, AGP for Respondent Nos.18 to 22. CORAM: N.J.JAMADAR, J.

DATE :

29 JANUARY 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

Learned Counsel for the Petitioner, upon being called upon by the Court, informs the Court that the Execution Petition No.3 of 2005 stands disposed.

3.

It seems that pursuant to some communication by the Office of the Civil Court, on administrative side, certain proceedings are initiated by the revenue authorities, though execution proceeding has been disposed of. 4.

If the execution proceeding has been disposed of and the Petitioner still has a grievance regarding the execution of the decree, such question can only be raised before and decided by the executing Court under Section 47 of the Code, 1908.

SSP 1/2

48 wp 6250 of 2024.doc 5.

In this view of the matter, this Writ Petition does not deserve to be entertained.

6.

Learned Counsel for the Petitioners seeks liberty to work out the remedies before the Executing Court.

7.

No such liberty is required. Suffice to note, if any question relating to execution, discharge and satisfaction of the decree arises between the parties to the suit, the same has to be determined by the Executing Court. 8.

The Writ Petition stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 31/01/2025 10:15:32