-1- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3689/2008. ( Smt. Radhabai Marotram Chandurkar .vrs. Smt. Shobha Purushottam Bhute ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : OCTOBER 15, 2008. Challenge is to order dated 20.08.2008 passed by the 3rd Joint Civil Judge, Senior Division, Nagpur in Special Darkhast No.116/2006 below Exh.77. Advocate Shri Vyawahare, who appears for petitioner / objector states that the objector is legally weeded wife of judgment debtor – Marotrao and as the property is ancestral, in view of the provisions of 14[1] of the Hindu Succession Act, she has pre-existing right therefore, the decree of possession could not be executed and as this is the only residential house she has rightly raised objection as occasion accrued in that respect. He further points out that the decree holder has not disputed at any point of time that it is not ancestral -2- property. His next contention is that the Special Darkhast was transferred on administrative reasons by the District Judge, Nagpur to 5th Joint Civil Judge, Senior Division, vide communication dated 28.07.2008 and inspite of that Special Darkhast was taken up on 13.08.2008, 18.08.2008 and thereafter on 20.08.2008. He states that, case has been transferred thereafter and when the petitioner went to enquire in the Court of 3rd Joint Civil Judge, Senior Division, after 20.08.2008 she learnt about the transfer. According to him, therefore, the order dated 20.08.2008 is also without jurisdiction. Advocate Smt. Jog for respondent no.1 states that, the respondent no.1 had filed suit for specific performance on 08.04.1980, and thereafter has after succeeding, in L.P.A. in 2005, instituted the present execution proceeding in the year 2006. She contents that, never it was plea of the husband of present petitioner that the property is ancestral. She contends that objection has been raised by his wife in collusion with the judgment debtor – Marotrao only to delay the execution of decree of possession. She also wants to rely upon the order sheet in the execution proceedings to show that the proceedings have been actually transferred after -3- 20.08.2008. I do not find any perversity or error apparent in the impugned order. The court below has rightly considered the facts and has found that the present petitioner has knocked the doors only to stall handing over possession. There is nothing on record to show that the petitioner was not aware of the proceedings filed against her husband or of various orders passed in it. Similarly, the transfer was on account of certain administrative reason and the order sheet produced by the learned counsel for respondent shows that till 20.08.2008 the 3rd Joint Civil Judge, Senior Division, was not aware of the transfer. In any case, as I do not find any merits in the matter, administrative transfer of matter to 5th Joint Civil Judge, Senior Division, Nagpur, does not make any difference. The matter was before the same court on 13.08.2008 when it was heard and closed. On 18.8.2008 it appears that some more arguments were heard and again the matter was closed and orders was passed on 20.08.2008. In view of above, I do not find any case made out warranting interference in writ jurisdiction. Writ Petition is dismissed. No cost. Advocate Shri Vyawahare, at this stage -4- makes a request that interim order protecting the possession of the petitioner passed on 28.8.2008 should be continued for at least one month, so as to enable the petitioner to take further steps. The request is strongly opposed by Advocate Mrs. Jog. Considering the facts at hand, I am not inclined to grant said request. Request is therefore rejected. JUDGE Rgd.