Raju S/O Jyotiprasad Mishra v. Smt. Tabassum Khan W/O Javed Khan And Others

1 3465.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.3465/2025 Raju Mishra V Smt. Tabassum Khan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.S. Abbasi, Advocate for petitioner.

CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 24-07-2025.

Heard Mr. Abbasi, learned Advocate for the petitioner.

2.

The petitioner raises a challenge to the order dated 21-12-2024 passed by the Court of 9th Jt. Civil Judge, Senior Division, Nagpur on an application for direction to defendant no.6 to deposit the entire amount, which was filed at Exhibit-134. By this order, the trial Court has directed the petitioner/defendant no.6 to deposit an amount of Rs. 75,71,700/-. Learned Counsel for the petitioner submits that the petitioner/defendant no.6 has earlier paid an amount of Rs. 48 Lakhs to the legal heirs of the owner of the suit property and while passing the impugned order, the trial Court has not taken into consideration the earlier payment of Rs. 48 Lakhs. He submits that, therefore, direction to

2 3465.25.odt deposit amount of Rs. 75,71,700/- without considering the earlier payment of Rs. 48 Lakhs is erroneous.

3.

Issue notice to the respondents, returnable after two weeks.

(Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 24/07/2025 17:58:55