1 AO-482-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi APPEAL FROM ORDER NO. 482 OF 2011 IN SPECIAL DARKHAT NO. 11 OF 2010 IN SPECIAL CIVIL SUIT NO. 123 OF 2005 Mohammed Shafi Abdul Karim Khairdi ... Appellant (Orig. Defendant) Vs. Fazlul Rahiman Mohammed Samsoddin Pagadiwala ... Respondent (Orig. Plaintiff) Mr. A.N.Maniyar, Advocate, for the appellant Mr. Nitin Mulye,Advocate for the respondent. CORAM: J.H.BHATIA,J. DATE : 27th June, 2011. P.C. 1. Heard the learned Counsel for the parties. 2. The present appellant, who is the original defendant in Special Civil Suit No.123/2005, had preferred an appeal against the decree in the said suit and that appeal has been admitted. It appears that on 16.12.2010, the respondent, who is the plaintiff & decree-holder, sought direction that the sale deed be executed. It appears that on the same day, without giveing an opportunity of hearing to the 2 AO-482-11.sxw appellant, the learned 2nd Joint Civil Judge, Senior Division, Solapur, passed the impugned order below ex.14 in Special Darkhast No.11/2010 directing the Assistant Superintendent of that Court to execute sale deed in favour of the decree-holder. As the appellant i.e. the judgment debtor was not given an opportunity to be heard, the said order cannot be sustained. 3. In the result, the Appeal is allowed. The impugned order dated 16.12.2010 is hereby set aside and the matter is remanded back to the Executing Court. The learned Executing Court shall pass an appropriate order on Ex.14 after giving opportunity of hearing to both the parties. (J.H.BHATIA,J.)