FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5121 OF 2004 ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ Heard learned A.G.P. for the State and Counsel appearing for the respondent. 2 This petition takes exception to the order below Exh.5 dated 23rd April, 2002 passed by the Joint C.J.S.D., Aurangabad in R.D. No.163 of 2001. 3 It is not necessary to narrate the facts in detail. The contention which is raised by the learned A.G.P. for State is that the trial Court, without issuing any notice to the judgment debtor i.e. Present petitioner, allowed the application on the same day. According to the learned A.G.P. no notice was issued and served upon the judgment debtor and the trial Court hurriedly allowed and disposed of the application on 23rd April, 2002. 4 The learned A.G.P. invited my attention to the order passed by this Court in Writ Petition No.5862 of 2004 dealing with identical facts in issue and points involved. After hearing the learned A.G.P. for the petitioner and counsel appearing for the respondent and after perusal of the judgment and order dated 7.7.2009 in Writ Petition No.5862 of 2004, it appears that the point raised in this petition is no more res integra and is covered by the said judgment. 5 Therefore, the petition is allowed. The impugned order below Exh.5 dated 23rd April, 2002 passed by the Joint C.J.S.D., Aurangabad in R.D. No.163 of 2001 is quashed and set aside and the matter is remitted to the Executing Court with a direction to pass appropriate orders after hearing both sides. The Executing Court shall decide the application after hearing the A.G.P. for State on merits. All the points are kept open and no final opinion is expressed. Petition is allowed accordingly and disposed of. (S.S. SHINDE, J). 18.08.2009. PLK/#