1 wp 2951-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 2951 of 2011 Kumud Thakkar ..Petitioner v/s. Ramesh Thakkar .. Respondent Ms.Sarojini Upadhaya for the petitioner . CORAM : R.Y.GANOO, J. DATED : 25th April, 2011 P.C. : 1. The petitioner is interested in executing the decree against the respondent. The petitioner filed Execution Application in the Family Court at Bombay and prayed for execution of the decree. On the said execution application, the learned Judge of the Family Court has passed the following order: “Judgment Debtor is residing and carrying out his business within the jurisdiction of Calcutta Court. Hence the decree is transferred to the Calcutta Court” 2 wp 2951-11.sxw This Order dated 19.7.2010 is challenged in this petition. 2. I have heard learned Counsel for the petitioner. I have perused the text of the execution application filed by the petitioner. The said application nowhere specifically mentions the manner in which the decree is sought to be executed. If at all it is the claim of the petitioner that the respondent has movable and immovable property at Bombay and the same is required to be attached and sold in execution of decree for recovery of money it is necessary for the petitioner to specifically mention so. In the absence of the said particulars, the learned Judge possibly passed the order dated 19.7.2010 as he was unable to know the exact method of execution of decree. 3. Learned Counsel appearing on behalf of the petitioner states that she will tender fresh Execution Application stating therein the manner in which the decree is sought to be executed by filling the column no.J of the execution application. In view of this statement, the petitioner is permitted to withdraw the execution application on which the learned Judge, Family Court has passed an order dated 19.7.2010. 3 wp 2951-11.sxw Since the application is being withdrawn, the order dated 19.07.2010 is required to be quashed. 4. In view of the above, following order is passed. ORDER i) Application for execution filed by the petitioner is allowed to be withdrawn with liberty to file fresh application for execution, stating therein the precise manner in which the decree is sought to be executed. Consequently, the order dated 19.7.2010 is set aside. ii) After the fresh execution application is received, the learned Judge of the Family Court shall pass appropriate order as if nothing has happened in the past. Iii) Petition stands disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]