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2017 DAILYLAW 3056 (BOM)

SHRI. RIYAZ AHEMAD S/O. MOHAMMAD HUSAIN SHAIKH v. SHAHANAZ D/O. ABDULSHAKUR RAMPURE

WP/4840/2017 · 2026-04-30

Shri Anil Laxman Pansare

Civil Appealbody2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

38-WP-4840-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4840 OF 2017 Shri. Riyaz Ahemad S/O. Mohammad Husain Shaikh …..Petitioner Vs. Shahanaz D/O. Abdulshakur Rampure …..Respondent None for the Petitioner/Respondent. CORAM : ANIL L. PANSARE, J. DATED : 30th APRIL 2026 P.C.:- 1. The present Petition was filed in the year 2017 and listed only once, i.e., on 21st June 2019. On that date, the learned counsel for the Petitioner had filed a leave note. Thereafter, no steps have been taken by the Petitioner to get the matter listed. 2. Perused the record. It appears that the cause for filing the Petition arises from the decree passed in Regular Civil Suit No. 449 of 2007 by the learned Civil Judge, Senior Division, Solapur. 3. It appears that the Petitioner had filed the said suit, which was decreed by granting an order of injunction restraining the Respondents from entering the Petitioner’s house. Thereafter, a Regular Darkhast was filed for execution of the decree. Suresh 1/2 38-WP-4840-2017.doc 4. The Petitioner alleged that the Respondents had entered the house in breach of the decree. The defense taken by the Respondents was that they had been residing in the said house for four years prior to the filing Regular Darkhast in the year 2010. 5. Accordingly, the execution proceedings was dismissed. The said order was challenged before the First Appellate Court in Civil Appeal No.239 of 2013. The Appeal was dismissed and, thereafter, the present Petition has been filed. 6. With the passage of time, it appears that the Petitioner has lost interest in prosecuting the matter and no steps have been taken in that regard. 7. The Petition is accordingly dismissed as not prosecuted. (ANIL L. PANSARE, J.) Suresh 2/2