In a writ petition regarding delayed execution proceedings pending since 1994, the High Court directed the executing court to dispose of the matter expeditiously within six months.
Directs the executing Court to dispose of pending execution proceedings within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WP 4268/16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4268/2016
Abdul Riyaz Abdul Wahed Deshmukh,
died, L.Rs. Abdul Salim Abdul Riyaz
Deshmukh & another.
...Petitioners..
Versus
The State of Maharashtra & others.
...Respondents...
.....
Shri R.R. Mantri, Advocate for petitioners.
Shri M.B. Bharaswadkar, AGP for respondent nos.1 to 3.
Shri G.C. Navandar, Advocate for respondent nos.4 & 5.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 21.07.2016
ORDER :
1]The execution application is stated to be pending
since 1994 and the prayer is made by the decree holder to
issue directions to the executing Court to decide the
execution proceedings expeditiously. The executing Court
has tendered a report stating therein that there are 12
objections presented by the parties, which need to be
dealt with.
WP 4268/16
2]Considering the fact that the Regular Darkhast is
pending since 1994, we direct the executing Court to give
priority for disposal of the execution proceedings and
take appropriate decision in the matter as expeditiously
as possible and preferably within a period of six months
from today and it is accordingly directed. Both the
parties are present before this Court and they undertake
to extend full cooperation to the learned Judge dealing
with the execution application.
3]Writ petition is disposed of accordingly.
ndk/ c2171613.doc
L.Rs. Abdul Salim Abdul Riyaz Deshmukh & another
The State of Maharashtra
R.M. Borde
K.L. Wadane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court