Smt. Ajanabai Gopal Tathe (Since ... vs Sou. Bharati Shankar Urankar And ...
2021 Latest Caselaw 10902 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO.2258 OF 2021



     Smt. Ajanabai Gopal Tathe                          ....     Petitioners
     (since deceased) thru' LRs & Ors.

             Vs.

     Sou. Bharati Shankar Urankar & Ors.                ....       Respondents


     Mr. Mohan B. Jadhav i/by Vaibhav R. Gargade for Petitioners
     Mr. Mohammed Zain Khan a/w Samindara Surve a/w Shristi Shetty for
     Respondent Nos. 10 to 12.

                                         Coram : NITIN W. SAMBRE, J.

Date : 11TH AUGUST, 2021

P.C.:

1. Heard.

2. The obstructionist under Order XXI, Rule 97 of Code of Civil

Procedure is claiming his rights through sale-deed dated 13 th

September 2011, whereas the decree under execution is of 26 th July,

2004. The obstructionist claimed to have stepped into shoes of the

judgment debtor and as such the obstructionist cannot claim better

right than the judgment debtor.

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3. A Prayer for issuance of warrant of possession in execution

proceedings is rejected based on the absence of demarcation of the

property mentioned in the decree.

4. In response to above, learned counsel for the decree-

holder/ Petitioner submits that he shall ascertain said fact and shall

make statement by tomorrow. Stand over to 12th August, 2021.

5. Affidavit tendered by the Obstructionist is taken on record.

( NITIN W. SAMBRE, J.)