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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.M.Sathaye
Shantiben Babarbhai Patel – Appellant
Versus
Geeta Prabhu Patel – Respondent
| Table of Content |
|---|
| 1. background details of the petitions and properties involved. (Para 3 , 4 , 5) |
| 2. details regarding the interrelation of petitions. (Para 6 , 7) |
| 3. arguments of the petitioners and respondents. (Para 10 , 11) |
| 4. executing court's authority and implications of abatement. (Para 12 , 17 , 20 , 24) |
| 5. final conclusion and orders of the court. (Para 26 , 27 , 28) |
JUDGMENT :
M.M. Sathaye, J.
1. Rule. Learned counsel for the respective Respondents waive service in both the petitions. Rule made returnable forthwith. Taken up for final disposal by the consent of parties.
2. These petitions are being heard together since they were directed to be clubbed and placed together for hearing under administrative order dated 16 December 2023.
CASE
3. In Writ Petition No. 1958 of 2017, the Petitioners are the original Plaintiffs, who are challenging the impugned order dated 9 August 2016 passed below Exh.1 in Civil Misc. Application No. 3 of 2013 in Execution Petition No. 1 of 2010 by the Executing Court (Civil Judge, Senior Division, Dadra and Nagar Haveli, Silvasa). Survey No. 13/2/1 admeasuring 1H 6 R, Survey No. 13/2/2 admeasuring 3 R, Survey No. 13/2/3 admeasuring 7 R all situated at vil
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