M/S. MOHINI RESORTS PVT. LTD. vs SHANKAR GODAJI GORE AND ANR.

Judgment text excerpt

5.WP.3778.2018.doc HARSHADA H. SAWANT (P.A.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3778 OF 2018 M/s. Mohini Resorts Pvt. Ltd. .. Petitioner Versus Shankar Godaji Gore and Anr. .. Respondents ....................  Mr. Ranjit Thorat, Senior Advocate a/w. Mr. Rohan P. Surve, Advocate for Petitioner.  Mr. Pramod N. Patil a/w. Mr. Shyam Solanke, Ms. Mamta Pandey and Mr. Atharva Deshmukh, Advocates for Respondent No.2. ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 05, 2026 JUDGEMENT: 1. Heard Mr. Thorat, learned Senior Advocate for Petitioner and Mr. Patil, learned Advocate for Respondent No.2. None for Respondent No.1. Respondent No.2 is the main contesting Respondent. 2. From the year 2017, Petition is pending for admission. It is heard today finally at the stage of admission by consent of the parties. 3. This Writ Petition assails the judgment and order dated 07.06.2017 passed by learned Judge, Small Causes Court, Pune in Application filed below Exhibit-295 in Darkhast No.1032 of 1980. Copy of the order dated 07.06.2017 is appended at Exhibit-L, page No.129 to the Petition. 1 of 18 5.WP.3778.2018.doc 4. Petitioner is admittedly the Decree Holder and Respondent No.1 is the original Judgement Debtor. Petitioner has filed Darkhast No.1032 of 1980 seeking execution of the decrees dated 05.11.1968 and 21.11.1968. 5. Respondent No.2 is a third-party Applicant who has filed Application below Exhibit-295 in the pending Darkhast proceeding seeking her impleadment. The name of Respondent No.2 is Shyama Shirish Nagarkar alias Asha Patankar. Application is filed through her Power of Attorney holder M/s. Rajkripa Consultancy, a partnership firm. 6. Briefly stated the nexus of Respondent No.2 with the Decree that has