Bombay High Court
WP/9591/2025 of AZADNATH LALMAN TIWARI (DELETED SINCE DECD) THR LHRS Vs PLACID J. S. DSOUZA on 14 October 2026
COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9591 OF 2025 WITH WRIT PETITION NO.9594 OF 2025 Azadnath Lalman Tiwari .... Petitioners (deleted since deceased) thru LRs. Vs. Placid J.S. D’Souza .... Respondent Mr. Onkar Gawade, Advocate for Petitioners in both
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9591 OF 2025
WITH
WRIT PETITION NO.9594 OF 2025
Azadnath Lalman Tiwari
....
Petitioners
(deleted since deceased) thru LRs.
Vs.
Placid J.S. D’Souza
....
Respondent
Mr. Onkar Gawade, Advocate for Petitioners in both WPs.
Mr. Arun Panickar a/w Vinay Nair and Aayush Yadav for Respondent No.1.
CORAM : ARUN R. PEDNEKER, J.
DATE : 14th October 2026
P.C. :
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1. Learned Counsel for the Respondent (the Petitioner before the Executing Court), on instructions, submits that the Respondent seeks to withdraw the execution proceedings, as the same were instituted without obtaining the requisite permission of the Competent Authority at the relevant time. Learned Counsel further submits that the Respondent intends to file a fresh execution application. He points out that the proceedings date back to the year 2023 and, therefore, requests that, in the event a fresh execution application is filed, the same be decided expeditiously.
907 WP 9591.25.doc Dusane
2. Liberty is granted to the Respondent to withdraw the pending execution proceedings and to file fresh proceedings in accordance with law.
3. In the event a fresh execution application is filed, the Executing Court is requested to decide the same as expeditiously as possible. All contentions of the parties are expressly kept open.
4. The parties agree that the Petitioner herein, being the Respondent in the execution proceedings, shall effect service of the fresh execution application at the address mentioned in the cause title of the present Writ Petitions.
5. Both the Writ Petitions stand disposed of with above observations. [ ARUN R. PEDNEKER, J. ]
907 WP 9591.25.doc Dusane