1 W.P.No.6735/11 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6735 OF 2011. Anantkumar Sudhir Baj, Age 20 years, Occ.Education, R/o Dharangaon Road, Kopargaon, Tq. Kopargaon, Dist.Ahmednagar. ... Petitioner. Versus 1. Godawari Khore Namdeoraoji Parjane Patil, Taluka Sahakari Dudh Utpadak Sangh Ltd., Kopargaon, Registered Office at Sahjanandnagar, Post Shingnapur, Tq.Kopargaon, Dist.Ahmednagar. 2. M/s Narmada Milk Kopargaon, through Proprietor, Sudhikumar Sohanlal Baj, Age major, Occ.Business, R/o Near Phadake Hospital, Dharangaon Road,Kopargaon, Tal. Kopargaon, Dist. Ahmednagar. ... Respondents. ... Mr.S.P.Shah, advocate and Mr.A.N.Sabnis, advocate for the petitioner. Mr.V.H.Dighe, advocate for the Respondent No.1. ... 2 W.P.No.6735/11 CORAM : S.V.GANGAPURWALA,J. Date : 07.09.2011. ORAL JUDGMENT : 1. Heard. 2. At the outset, Mr.Sabnis, learned counsel for the petitioner seeks leave to delete Respondent No.2. Leave to delete Respondent No.2 granted at the risk of the petitioner. 3. Rule. Rule returnable forthwith. With the consent of the parties,the petition is taken up for final hearing. 4. The present Respondent had filed execution proceedings for execution of the award passed by the Cooperative Court. During the pendency of the said execution proceedings, the present petitioner filed an objection Exh.52. As the petitioner was absent, the Court dismissed the said objection. Thereafter, the petitioner filed objection Exh.54. The same was rejected on 3 W.P.No.6735/11 the count that earlier objection is rejected. The said orders are assailed in the present Writ Petition. 5. Mr.Dighe, learned counsel opposes the petition on the ground that seven times the matter was adjourned. The petitioner is the son of the original judgment debtor and only with a view to protract the proceedings and to see that the award is frustrated, such objections are filed. Inspite of giving ample opportunity, the petitioner did not prosecute the objection, as such the Court has rightly passed the order. Even otherwise, the petitioner is liable to pay amount as the original judgment debtor is a father. 6. With the assistance of the learned counsel, I have gone through the order and the proceedings. No doubt, time was granted to the petitioner and he remained absent and as such the Court proceeded further. The matter deals with the objection in respect of the property which the petitioner claims that it is a joint family property and he has a share in it, it would be in 4 W.P.No.6735/11 the fitness of things to get the said objections decided on merits. At the same time, the petitioner deserves to be mulct with cost. 7. In the result, I pass the following order : (i) Rule is made absolute in terms of prayer clause (A) on condition that the petitioner pays cost of Rs.3,000/- (Rupees three thousand) to the decree holder within a period of one (1) week from today. (S.V.GANGAPURWALA,J.) asp/office/wp673511