Bombay High Court
Pradip Ramrao Deshmukh & Anr vs Shankar Nanuram Khandelwal Thr Lrs ... on 12 March, 2020
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 WP 4826.2005.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4826 OF 2005
1. Pradip s/o Ramrao Deshmukh,
age 54 years, Occ. Agri and Business
2. Vinay s/o Ramrao Deshmukh,
through deceased L.Rs.
both r/o Deshmukh Lane,
Near Ranjangaon Gate, Chalisgaon,
Tq. Chalisgoan, District Jalgaon.
2A. Aniket s/o Vinay Deshmukh,
age 33 yrs, Occ. Advocate.
2B. Aniruddha s/o Viay Deshmukh,
age 24 yrs, Occ. Student.
2C. Vrushali w/o Vinay Deshmukh,
age 55 yrs, Occ. Household.
2D. Yogeshwari d/o. Vinay Deshmukh,
age 26 yrs, Occ. Household,
No.2A to 2D R/o Deshmukh Lane,
Near Ranjangaon Gate, Chalisgaon,
Tq. Chalisgaon, District Jalgaon.
2E. Pradnya w/o Dhanaji Naik (Pawar),
age 30 years, Occ. Household,
R/o Ichalkaranji, Tq. Ichalkaranji,
District-Kolahpur. ..Petitioners..
(original objectors)
VERSUS
1. Shankar Nanuram Khandelwal,
Dead through his. L.Rs.
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2 WP 4826.2005.odt
1-A. Shantabai w/o Shankarlal Khandelwal,
age 66 yrs, Occ. Housewife.
1-B. Gopal s/o Shankarlal Khandelwal,
age 45 years, Occ. Business.
1-C. Sharda Laxminarayan Khandelwal,
age 49 yrs, Occ. Housewife.
1-D. Gayatri Rupnarayan Khandelwal,
age 39 years, Occ. Housewife.
Resp 1-A and 1-B, R/o Station Road,
near Jain Temple, Chalisgoan,
Tq. Chalisgaon, District Jalgaon.
Res 1-C R/o Gandhi Chowk, Chikhali,
Tq. & Dist. Buldhana.
Resp 1-D, r/o Harsud, Dist Khandwa ( M.P.)
2. Nanuram s/o Rambakas Khandelwal,
deceased through his L.Rs.
2-A. Mishrabai w/o Nanubai Khandelwal,
deceased through her L.Rs.
Res.2-B to 2-F.
2-B. Smt. Kanta w/o Madanlal Sharma.
age 62 yrs, Occ. Housewife.
2-C. Mohini Hariram Khandelwal,
age 60 yrs, Occ. Housewife
2-D. Ramilabai w/o Prabhulal Sharma,
age 58 yrs, Occ. Housewife.
2-E. Shakuntala Surajmal Sharma,
age 56 yrs, Occ. Housewife
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3 WP 4826.2005.odt
2-F. Indumati Govindlal Sharma,
age 54 yrs, Occ. HOusewife,
Resp No.2-B R/o. Bus stand washim,
Akola, District Akola.
Resp 2-C r/o Ichalkaranji, Tq. Kankvali,
District Sindhudurg.
Resp 2-D Indore, Dist Indore (M.P),
Resp 2-E R/o Washim Bus Stand,
Akola, Dist Akola.
Resp 2-F R/o near Govt Milk Dairy Gate,
Agra Road, Dhule, Tq. Dist Dhule.
3. Lakhmichand s/o Manikji Jain,
age 64 yrs, Occ. Business,
R/o Near Jain Temple, Railway Station
Road, Chalisgaon, Tq. Chalisgaon,
Dist. Jalgaon.
4. Premraj Nanuram Khandelwal,
age 76 years, Occ. Business,
R/o Station Road, Opp. Jain Temple
Chalisgaon, Tq. Chalisgaon, Dist.
Jalgaon. ...Respondents...
(Resp Nos.1 & 2 Orig plaintiffs
no.3 & 4 org defts 1 and 2.)
...
Advocate for Petitioners : Mr. Shinde S.K.
Advocate for Respondent 1-B : Vaishali Deshpande h/f
A S Bayas
...
WITH
CIVIL APPLICATION NO.11433 OF 2005
IN WP NO.4826 OF 2005
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4 WP 4826.2005.odt
1. Shankar Nanuram Khandelwal,
Dead through his. L.Rs.
1-A. Shantabai w/o Shankarlal Khandelwal,
age 66 yrs, Occ. Housewife,
R/o Station Road, Near Jain Temple,
Chalisgaon, Tq. Chalisgaon, Dist Jalgaon.
1-B. Gopal s/o Shankarlal Khandelwal,
age 45 years, Occ. Business,
R/o as above.
1-C. Sharda Laxminarayan Khandelwal,
age 49 yrs, Occ. Housewife.
R/o. as above.
1-D. Gayatri Rupnarayan Khandelwal,
age 39 years, Occ. and R/o as above.
2. Nanuram s/o Rambakas Khandelwal,
deceased through His. L.Rs.
2-A. Mishrabai w/o Nanubai Khandelwal,
deceased through her L.Rs.
2-B. Smt. Kanta w/o Madanlal Sharma.
age 62 yrs, Occ. Housewife,
R/o Washi Bus stand, Akola,
District Akola.
2-C. Mohini Hariram Khandelwal,
age 60 yrs, Occ. Housewife
R/o Ichalkaranji, Tq. Kankavali,
District Sindhudurg.
2-D. Ramilabai w/o Prabhulal Sharma,
age 58 yrs, Occ. Housewife,
R/o Indore, Dist. Indore (MP).
2-E. Shakuntala Surajmal Sharma,
age 56 yrs, Occ. Housewife,
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5 WP 4826.2005.odt
R/o. Washim Bus Stand, Akola
Dist. Akola.
2-F. Indumati Govindlal Sharma,
age 54 yrs, Occ. Housewife,
R/o Agra Road, Dhule,
Tq. & District Dhule. ...Applicants...
(orig. respondent 1&2)
VERSUS
1. Pradip s/o Ramrao Deshmukh,
age 54 years, Occ. Agri and Business
R/o Deshmukh Lane, near
Ranjangaon Gate, Chalisgaon,
Tq. Chalisgaon, District Jalgaon.
2. Vinay s/o Ramrao Deshmukh,
age 58 yrs, Occ. & R/o as above.
3. Lakhmichand s/o Manikji Jain,
age 64 yrs, Occ. Business,
R/o Near Jain Temple, Railway Station
Road, Chalisgaon, Tq. Chalisgaon,
Dist. Jalgaon.
4. Premraj Nanuram Khandelwal,
age 76 years, Occ. Business,
R/o Station Road, Opp Jain Temple
Chalisgaon, Tq. Chalisgaon, Dist.
Jalgaon. (...Respondents...)
[no.1 & 2 orig petitioners, 3
& 4 orig respondent 3 & 4]
...
Mrs Vaishali Deshpande h/f A S Bayas advocate for
applicants.
Mr A V Deshmukh, I S Thorat, S K Shinde advocate for
petitioners in Writ petition
...
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6 WP 4826.2005.odt
...
CORAM : V.K. JADHAV, J.
Dated : March 12, 2020
...
ORAL JUDGMENT :-
1. This writ petition can be disposed off by directing the Executing Court to decide the application filed by the petitioners Exhibit 39 in Regular Dakhast No.3 of 2000, as expeditiously as possible, in a time bound manner.
2. The respondents/decree holder has instituted the suit bearing Regular Civil Suit No.31 of 1984 for dissolution of the partnership and possession. It is a part of the record that the judgment and decree passed by the Trial Court has attained the finality and the respondents/decree holder has filed the Regular Darkhast No.3 of 2000. Pending the Darkhast, petitioners/third party had filed an application Exhibit 42 for staying the further proceedings in the Darkhast pending consideration his objection raised on the ground that the decree is inexecutable and he is in possession. By impugned order dated 24.6.2005 the aaa/-
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7 WP 4826.2005.odt Civil Judge J.D., Chalisgaon/Executing Court has rejected the said application Exhibit 42 and thus this writ petition has been preferred. On 25.7.2005 this Court has granted interim relief in terms of prayer clause 'C' and, thereby the further proceedings in Regular Darkhast No.3 of 2000 are stayed. Said Regular Darkhast No.3 of 2000 is still pending before the Executing Court. In view of the same, this Writ Petition can be disposed off by directing the Executing Court to decide the objection filed by the petitioner Exhibit 39 on priority basis, in a time bound manner, and till then, the interim order passed by this Court way back in the year 2005 would remain continued in the manner that till the objection petition filed by the petitioners is decided by the Executing Court, the Executing Court shall not issue possession warrant. Writ Petition is accordingly disposed off with the following directions. Hence, I proceed to pass the following order.
ORDER I. Writ Petition is hereby partly allowed. aaa/-
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8 WP 4826.2005.odt ii. The Executing Court shall decide the application Exhibit 39 filed by the petitioners, as expeditiously as possible, preferably within a period of Six Months from the date of this order and the interim order passed by this Court on 25.7.2005 to the extent that the Executing Court shall not issue possession warrant till the objection petition filed by the petitioners is decided, remains continued.
iii. Writ Petition accordingly disposed off. Rule is made absolute in the above terms.
( V.K. JADHAV, J. ) ...
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