ROBERT MEGHRAJ WANJARI Vs. PRAFULL ASHOKRAO SHELKE

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition takes exception to the order dated 19/4/2011 passed by the learned Joint Civil Judge (Sr.Dn.), Nagpur, by which order the application, Exh.38 for adjournment filed by the petitioner came to be rejected and the Trial Court by the said order forfeited right of the petitioner to make submission in respect of Exh.34 and 35 filed by the petitioner in the execution application filed by the decree holder i.e. the respondents herein.

(3.) The petitioner herein had suffered a decree in Special Summary Suit No.1 of 2010. The petitioner has filed a First Appeal in this court. The said First Appeal was admitted and stay was granted in view of the statement made by the learned counsel for the petitioner that an amount of Rs.15,00,000/ would be deposited within two weeks. The said statement was recorded in the order. This court had further recorded in its order that if the amount is not deposited as stated by the learned counsel for the petitioner, the decree holder would be free to execute the decree in accordance with the law. It appears that the petitioner against the said order dated 5/01/2011 carried the matter to the Apex Court by way of Special Leave Petition (SLP). In the Apex Court, the petitioner withdrew the SLP with liberty to file the Review Application in this court, which Review application has been disposed of by an order dated 20/6/2003 wherein the sale pursuant to the auction was allowed to be proceeded with but was directed not to be confirmed pending the First Appeal. The First Appeal, I am informed, is on the final hearing board of the concerned court.