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Judgment
A.P. Lavande, J.—Heard Mr. Lotlikar, learned Senior Counsel for the Petitioner in all the Writ Petitions. Mr. Lotlikar, learned Senior Counsel for the Petitioner submits that the Executing Court could not have granted ex-parte injunction against the petitioner herein who was neither a judgment debtor nor a party to the execution proceeding.
According to Mr. Lotlikar, the orders which are impugned are patently without jurisdiction and therefore need to be quashed and set aside.
Perusal of record discloses that, applications have been filed in Execution nos. 9/10, 10/10, 11/10, 12/10 and 13/10 pending before the Civil Judge Senior Division, Panaji seeking injunction against petitioner who was neither a judgment debtor not a party to the execution application.
Mr. Lotlikar submits that ex-parte orders are operating since 10th March, 2010 and matters are fixed for arguments today. Since the petitioner has already shown cause in the execution applications filed by respondent no. 1, I am not inclined at this stage to interfere with the impugned orders.
However, looking to the nature of the orders passed, I direct the Executing Court to dispose of all the applications expeditiously in accordance with law, and in any event on or before 25th November, 2010.
Needless to mention that, in all the applications the contentions of the petitioner, are kept open. All the Writ Petitions stand disposed of.