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Bombay High CourtWP/9023/2025disposed off

Iifl Capital Services Ltd., Thr Its Duly Authorized Representative v. Pukhraj Hanumandas Rathod And Others

2026-04-01Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2026:BHC-AUG:14005 wp 9023.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 WRIT PETITION NO.9023 OF 2025 Iifl Capital Services Ltd., Thr Its Duly Authorized Representative

VERSUS

Pukhraj Hanumandas Rathod And Others ...

Advocate for Petitioner : Mr. S.S. Kulkarni h/f R.S. Kulkarni Advocate for Respondents : Mr. S.B. Bhapkar & B.R. Rathod CORAM : S. G. CHAPALGAONKAR, J.

Dated : April 01, 2026 PER COURT :- 1.

Heard learned advocates appearing for the parties. 2.

Present writ petition takes exception to the order dated 16.7.2025 passed by the learned Civil Judge S.D. Bhusawal in Special Darkhast No.4 of 2025 below Exhibit 6 and 18. By impugned order, application Exhibit 6 filed by the respondent is allowed, whereas an application Exhibit 18 filed by J.D. (petitioner) is rejected and directions are given to release the amount in favour of the respondent/decree holder. 3.

Mr. Kulkarni, learned advocate appearing for the petitioner informs that the RCA No.49 of 2024 filed against the decree is pending before Principal District Judge. The petitioner/appellant has already completed his arguments and

wp 9023.25.odt matter is pending for t arguments of respondent. Looking to aforesaid aspects of matter, it would be in the interest of parties, if the Appellate Court decides pending appeal expeditiously and then pass further order as to disbursement of the amount.

4.

In result, without delving into merits of contentions raised by the parties, writ petition stands disposed off with directions to the learned District Judge to decide the Regular Civil Appeal No.49 of 2024 within a period of four (4) weeks from today. Parties to co-operate for early disposal of the appeal. The interim relief, granted by this Court vide order dated 23.7.2025 shall continue to operate till disposal of the appeal. Disbursement of the amount be made as per final decision in the appeal.

( S. G. CHAPALGAONKAR, J. ) ...

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