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Bombay High CourtCAW/1021/2025dismissed

Zahid Ali S/O Jawar Ali Sayyad (Dead) Thr. Lrs, Mrs. Zahida Wd/O Zahidali Sayyad And Others v. Zakir Ali Jawar Ali Sayyad (Dead) Thr. Lrs. Sajid Ali S/O. Sakir Ali Saiyed

2025-05-02Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 1021 OF 2025 IN WRIT PETITION NO. 1126 OF 2013 Zahid Ali S/o Jawar Ali Saiyad (dead) Thru. LRs Vs.

Zakir Ali Jawar Ali Saiyad (Dead) Thru. LRs ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. M.G. Bhangade, Senior Counsel a/by Mr. Nikhil Tekade, Advocate for petitioners.

Mr. R.A. Bhandakkar, Intervenor for applicant. CORAM : ANIL L. PANSARE, J.

DATE : 02.05.2025.

By present application, the respondent - decree holder is seeking order of injunction against the petitioner restraining them from creating third party interest in the properties mentioned in Exh. 102 filed before the Executing Court.

2.

It appears that the decree under question is money decree. The copy of decree, however, has not been placed on record.

3.

The petitioner's case is that the decree under question doesn't quantify the decreetal Prity

2 / 2 1.caw1021.2025 amount. According to the petitioners', the amount due and payable, if any, is Rs.12 Lakhs which has been already deposited before the Court.

4.

In the circumstances and considering the fact that the writ petition is as old as of the year 2013, it will be appropriate to hear the petition finally on next date.

5.

In the meantime, the respondents shall place on record the copy of decree.

6.

By consent, stand over to 12.06.2025.

(ANIL L. PANSARE, J.) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 02/05/2025 15:38:05 Prity