Order 1

Order Details: Other
Pdf Text: 14
29/04/2025
EXE. APP.
114/18 @ NM
2140/25 in
SUM 857/16
Exh-11
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Chandrashekhar Bhujang Mada, decree holder No.2 is present.
Adv. Manoj Nikose for decree holder is present and filed withdrawal
application. TOR and marked as Exh-11.
Adv. Chinmayee Ghag for Judgment debtor No.6 is present through
video conferencing.
Keep back.
Later on at 1.30 pm
Adv. for judgment debtor No.6 is present and filed registered Notice
of Motion No.2140/25 along with affidavit in support.
Order below Exh-1
Perused record. The decree holder has filed an application at
Exh-11 for withdrawal of Execution proceeding No.114/18 in
Sum. Suit. No.857/16. It is submitted on behalf of decree
holder that decree is passed on 18.01.2017. He filed
execution proceeding. Property as mentioned in paragraph
No.3 of Exh-11 is attached by registry of this court. However,
defendant No.6 took out Notice of motion No.3981/18 to set
aside decree and judgment dated 18.01.2017. The said
motion came to be allowed on 03.03.2019 and decree was
set aside subject to payment of costs of Rs.5,000/- to plaintiff
on or before 20.04.2020. However, defendant No.6 failed to
comply the said order. Further, defendant No.6 took out
Notice of motion No.2140/25 to recall order dated
03.03.2020 passed in notice of motion No.3981/18 and
further, to seek extension of time to comply the said order. It
is further submitted that till date decree is not enforced.
Therefore, he does not want to proceed with matter. The
decree holder ought to have taken steps, however, he does
not want to proceed with matter. Hence, I proceed to pass
following order:-
Order
1. Application at Exh-11 is allowed.
2. Execution Application No.114/18 in Sum. Suit.
No.857/16 is disposed of, as withdrawn.
3. Pending notice of motion No.2140/2025 is also
disposed of.
Judge
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