Sau. Kiran Ravindra Nakaskar v. Girdhar Fakirchand Agrawal And Others

1 6. WP 1224 of 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1224 OF 2026 SAU. KIRAN RAVINDRA NAKASKAR

VERSUS

GIRDHAR FAKIRCHAND AGRAWAL AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Dr. R.S. Sirpurkar a/w Mr. Y. Venkatraman, Advocate for Petitioner. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 10th FEBRUARY 2026 1.

Heard learned Advocate for the petitioner.

2.

The petitioner's challenge is to the order dated 24.12.2025, passed by the executing court, rejecting the objection filed by the petitioner, at Exhibit 70 and 71. 3.

Learned Advocate for the petitioner submits that the petitioner being the daughter of judgment debtor (respondent No.2 herein), is entitled to raise the objection to attachment of the property, in which the petitioner has got rights and which is also subject matter of the independent proceedings bearing R.C.S. No.125 of 2023. It is submitted that the impugned order is passed without considering the purport of provisions of Order XXI Rule 58 of C.P.C. and as a consequence of the impugned order, the property in which the petitioner has got rights, is likely to be put to sale. 4.

In view of this, issue notice to the respondents, returnable after two weeks.

2 6. WP 1224 of 2026.odt 5.

The petitioner is permitted to serve the respondents by private mode, in addition to regular mode of service, including service on the learned Advocate appearing on behalf of the respondent/s before the executing court and file affidavit of service in that regard by next date and the petitioner is also permitted to serve the respondents by way of Humdast.

6.

Since the petitioner has made out a prima facie case, parties are directed to maintain status quo till next date. (PRAFULLA S. KHUBALKAR, J.) asd