Writ petition challenging an order rejecting a third party's obstruction claim in execution became infructuous after the decree holders recorded receipt of possession and the execution application was disposed of as satisfied. The petition was dismissed.
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Digitally signed ANANT by ANANTKRISHNA NAIK KRISHNA Date: NAIK 2024.02.2113:12:33 +0530
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42.WP.618.2018 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 618 OF 2018
Yusuf Abbas Bagwan .. Petitioner
Vs.
Bhartesh Rajkumar Gandhi & Ors. .. Respondents
Mr. R. D. Mishra for Petitioner.
Adv. Rushabh D. Phade h/f. Adv. Surel S. Shah for Respondents.
CORAM : M. M. SATHAYE, J.
DATED : 20th FEBRUARY, 2024
P.C.:
1. Heard learned Counsel for the parties.
2. Pursuant to earlier order dated 25/09/2023, learned Counsel for the
Respondents have placed on record possession receipt dated 23/09/2023
executed in Darkhast No. 06 of 2015 under which the Respondents have
received possession of the subject matter property and order dated
31/01/2024 by which the said execution Application is disposed of, as the
decreed is satisfied.
3. Learned Counsel for the Petitioner does not dispute this position.
4. Perusal of the impugned order dated 29/09/2017 shows that it is
passed in proceedings arising out of obstruction made by the present
Petitioner 3rd party claiming to be in possession of the subject matter
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42.WP.618.2018 .doc
property, which was rejected. Considering that the Respondents/decree
holders have already received possession of the subject matter property,
nothing survives in the Petition.
5. The Petition is accordingly dismissed as infructuous
6. All concerned to act on duly authenticated or digitally signed copy of
this order.
(M. M. SATHAYE, J.)2/2
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1 issue framed by the court
Whether the writ petition survives after decree holders received possession of the property in Darkhast No. 06 of 2015 and the execution application was disposed of as satisfied.
Yusuf Abbas Bagwan
Bhartesh Rajkumar Gandhi
Ors.
M. M. SATHAYE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court