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CORAM : AJIT B. KADETHANKAR, J.

RESERVED ON : 27th March, 2026

PRONOUNCED ON : 20th April, 2026

JUDGMENT :-

Rule. Rule made returnable forthwith. At the instance of learned counsel for the parties, the Writ Petition is heard for final disposal. Parties submit that their pleadings are already complete and they do not want to file on record any additional pleadings.

Preface:

2.1 Feeling aggrieved by an order dated 19.08.2024 passed by the learned Civil Judge, Senior Division (Corporation Court), Aurangabad, rejecting petitioner’s application filed below Exh.145-D in Regular Darkhast No.08 of 2013, the Petitioner/Decree-Holder is before this Court.

2.2 After a long Court battle initiated in 1987, the Petitioner succeeded in 2011 to get a Decree for Possession, Declaration and Mesne Profit in his Suit. In 2013, the Petitioner/Decree holder lodged proceedings under Order 21 Rule 35 of the Code of Civil Procedure 1908 [‘C.P. Code of 1908’ for the sake of brevity] for possession of the decretal property. In the execution proceedings, the petitioner’s application seeking directions against the Respondent No. 7 - a purchaser pendente lite for possession came to be turned down by the E