Pramod Devendra Nazare Since Deceased Thru. His Legal Heirs v. The Commissioner And Administrator Ichalkarnji And ORS

10-ASWP-19529-2024.DOC sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19529 OF 2024 Pramod Devendra Nazare since deceased Through his Legal Heirs A) Smt. Nita Pramod Nazare & Ors.

...Petitioners

Vs.

The Commissioner & Administrator of Ichalkaranji & Ors.

...Respondents

_______________________ Mr. Bharat Gandhi a/w Mr. Vinayak Shelar, Mr. Sarvesh Deshpande i/by Bharat Gandhi for the Petitioners. Mr. O.A. Chandurkar, Addl. G.P. a/w Mr. Y.D. Patil, AGP, for the Respondent No.4-State.

_________________________

CORAM:

G. S. KULKARNI & KAMAL KHATA, JJ.

DATE:

18 JULY 2025.

P.C.

1.

We are of the clear opinion that the impugned order passed by the Commissioner/Administrator of the Ichalkaranji Municipal Corporation is an order which is passed in the course of execution proceedings as clearly set out in the operative portion of the said order.

2.

If the Petitioners have any grievance and if such an order is in fact in some manner affecting the Petitioners decretal rights, it is open for the Petitioners to said recourse to approach the executing Court by filing necessary applications and ascertains contentions in support of execution of the decree. 3.

In this view of the matter, in our opinion, keeping open all by SANDHYA BHAGU WADHWA Date: 2025.07.21 19:59:17 +0530 SANDHYA BHAGU WADHWA

10-ASWP-19529-2024.DOC contentions of the parties to move the executing Court, we dispose of this Petition. In the event, if it is not possible for the executing Court to adjudicate on these issues, the executing Court is free to make appropriate observations, in that event, all contentions of parties and even to take recourse to appropriate proceedings are expressly kept open. 4.

Disposed of in the aforesaid terms. No costs. (KAMAL KHATA, J.) (G. S. KULKARNI, J.)