PRADIP Vs. SHANKAR NANURAM KHANDELWAL

JUDGEMENT

(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 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.