Disposed¶16

Vijay Vitthal Pund and Another v. Devichand Hiralal Gandhi Dead Thr Lrs Gulabbai Devichand Gandhi Dead and Others

Bombay HC6 Feb 2025WP/1550/2025

Case brief

AI extract

What is this about?

Withdrawal of writ petition; disposal on withdrawal; condemnation of dilatory tactics in execution; executing Court's liberty to impose compensatory costs for frivolous applications; landlord-tenant decree final up to Supreme Court; Bombay High Court, Aurangabad Bench; Kishore C. Sant, J.; 6 February 2025; WP 1550/2025.

What did the court decide?

Petition stands disposed of upon the petitioners' withdrawal; the Court condemned the petitioners' conduct and left the executing Court free to impose costs on future frivolous applications, without imposing costs in this petition. ¶16

Vijay Vitthal Pund and Another Vs Devichand Hiralal Gandhi Dead Thr Lrs Gulabbai Devichand Gandhi Dead and Others — Bombay HC (2025) — LawSathi Research

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Ethape

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( 1 ) 903 -WP-1550-2025

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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903 WRIT PETITION NO. 1550 OF 2025

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Vijay Vitthal Pund And Another VERSUS

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Devichand Hiralal Gandhi Dead Thr Lrs Gulabbai Devichand Gandhi Dead And Others

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Mr.Nikhil Santosh Jaju, Advocate for the Petitioners. Mr. A. M. Gholap Advocate for Respondent Nos. 1 to 5.

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CORAM : KISHORE C. SANT, J. DATE : 6^th FEBRUARY 2025

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PC :-

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After arguing for sometime, the learned Advocate for the petitioners, on instructions, seek leave to withdraw the petition.

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The learned Advocate for the respondents heavily opposes the prayer to withdraw the petition by pointing out the conduct of the petitioners. He submits that, only Defendant Nos.1 and 2 are the tenants. Defendant No.3 to 7 are the persons inducted by Defendant Nos.1 and 2. The decree attained finality till the Hon’ble Apex Court. At present, only two of the legal representatives of Defendant No.5(B)(2)

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Ethape ( 2 ) 903 -WP-1550-2025

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and 6 have approached this Court. The petitioners are adopting dilatory

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tactics by raising pleas in installment and prolonging the execution. He thus prays that if the Court is inclined to allow to withdraw the writ petition, heavy costs be imposed upon the petitioners for dragging the original landlord-respondent in a long drawn proceeding till this court and now seeking withdrawal of the petition.

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Be that as it may, this Court certainly condemned the act of the petitioners. Henceforth, if such applications are made, it is given to understand that this Court shall deal with such petition on merits. Even the executing Court is at liberty that if the Court finds that the applications are frivolously filed only with view to prolong the matter, the Court may impose costs proportionately sufficient enough to compensate the respondent original land-lord.

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Petition stands disposed off.

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[KISHORE C. SANT, J.]

Vijay Vitthal Pund and Another v. Devichand Hiralal Gandhi Dead Thr Lrs Gulabbai Devichand Gandhi Dead and Others

Case brief

What is this about?

What did the court decide?

Vijay Vitthal Pund and Another v. Devichand Hiralal Gandhi Dead Thr Lrs Gulabbai Devichand Gandhi Dead and Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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