Pandharinath Jagannath Waghmode vs Vitthal Tuka Waghmode
2021 Latest Caselaw 3249 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                                WRIT PETITION NO.610 OF 2021



     Pandharinath Jagannath Waghmode                    ....     Petitioner

             Vs.

     Vitthal Tuka Waghmode                              ....     Respondent


     Ms. Manisha Devkar for Petitioners.

                                         Coram : NITIN W. SAMBRE, J.

Date : 18th FEBRUARY, 2021

P.C.:

1. An Application Exhibit 63 in Regular Darkhast No.8 of 2011

seeking issuance of possession warrant of the suit property under Order

XXI, Rule 35 C.P.C. is taken out by the Respondent-Decree holder. Vide

impugned order dated 31st July 2019 passed below Exhibit 63,

possession warrant came to be ordered. Below Exhibit 72, an

application to provide necessary police assistance to the Respondent-

Decree holder is also granted.

2. While questioning the aforesaid two orders, Counsel for the

Petitioner-Judgment debtor would urge that the suit property described

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in the mortgage deed, of which redemption was sought, the plaint and

the decree is identical. According to her, subsequent to the aforesaid

events, the boundaries of the suit property have undergone a change

and in that eventuality, the decree might be executed against wrong

person or wrong property.

3. In my opinion, the aforesaid contention at the behest of the

Petitioner that too based on the alleged presumption, without any basis

cannot be accepted as in case if the decree is executed under a wrong

property, there is appropriate remedy available to the aggrieved person.

That being so, no case for interference is made out. Petition fails.

Dismissed.

( NITIN W. SAMBRE, J. )