Neha Upendra Govalkar v. Shriram Atmaram Rane And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13420 OF 2024 Ms. Neha Upendra Govalkar ....Petitioner V/S Shriram Atmaram Rane & Ors.

....Respondents _________ Mr. Vikas V. Khanolkar for the Petitioners.

Mr. Prashant G. Karande a/w Mr. Praful S. Pawar for Respondent Nos.1 and 2.

Mr. Y.D. Patil, AGP for Respondent No.3/State. __________ CORAM: SANDEEP V. MARNE, J.

DATE : 11 OCTOBER 2024.

P.C.:

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It must be observed that filing of this Petition is quite unnecessary. Civil Revision Application No.942 of 2010 challenging the eviction decree has already been admitted. When Plaintiff sought execution of the decree, Interim Application No.12715 of 2023 was filed by the Plaintiffs in which this Court has recorded the statement made on behalf of the Plaintiffs by order dated 12 July 2023 that till final disposal of the Revision Application, the Plaintiffs shall not press the execution proceedings in Execution Application No.108 of 2020 in RAE Suit No.368 of 2000. Despite such a clear statement being made by the learned counsel katkam Page No.

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k 2/2 905 wp 13420.24 as.doc appearing for the Plaintiffs and despite no steps being taken by the Executing Court in execution of the decree, the present Petition is filed challenging the execution proceedings. In my view, filing of the present Writ Petition is quite unnecessary. Writ Petition is accordingly rejected.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2024.10.14 14:53:47 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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