Vitthal Atmaram Poraji v. Nanda Anant Poraji

P-4 WP 17189 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17189 OF 2024 Vitthal Atmaram Poraji ... Petitioner vs.

Nanda Anant Poraji ... Respondent ***** Mr. Yuvraj Narvankar a/w. Mr.

Mayur Mohite, Mr. Ravi Uikey and Mr. Jayesh Bhosale :- Advocates for Petitioner.

***** CORAM : S. M. MODAK, J.

DATE : 3rd DECEMBER 2024 P. C. :- 1.

Though the petition was listed yesterday it could not reached hence, urgent circulation is sought by way of this praecipe by the Petitioner who is Judgment Debtor. Execution is filed on the basis of an Award in Lok Adalat. It was drawn on the basis of settlement in between the parties. The present Petitioner is having grievance about the proper procedure followed in that process that is why present Writ Petition.

Kishor 1/2

P-4 WP 17189 of 2024.doc 2.

Today the matter is fixed before executing Court for taking decision on appointment of Court Commissioner. It is true even if the Court Commissioner is appointed, the draft has to be approved by the Court. It can be done only after hearing both the parties. I am granting liberty to Petitioner to address executing Court on the point of finalization of that draft. If it is finalized earlier, liberty is granted to seek early circulation. This is without prejudice to rights of the Petitioner to pursue this Writ Petition.

3.

Issue notice before admission returnable on 3rd February 2025. private notice is allowed. Service affidavit be filed. 4.

Parties to act on authenticated copy of this order. [S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2024.12.11 11:20:36 +0530 KISHOR VISHNU KAMBLE Kishor 2/2