Vimalbai Babanrao Sagam And ... vs Satish Shantilal Gundecha Lrs ...
2021 Latest Caselaw 1364 Bom

                                          1              905-WP.337-21.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      905 WRIT PETITION NO.337 OF 2021

             VIMALBAI BABANRAO SAGAM AND OTHERS
                           VERSUS
      SATISH SHANTILAL GUNDECHA LRS SANGITA AND OTHERS

                                       ...
                 Advocate for Petitioners : Mr. Aditya N. Sikchi.
                                       ...

                                 CORAM :      V. K. JADHAV, J.

                                 DATE :       20.01.2021

     PER COURT :-

1. The learned counsel for the petitioners submits that the

Executing Court has not issued any notice under Order XXI

Rule 34(2) of the Civil Procedure Code before approving the

draft of the sale deed. Furthermore, the learned counsel

representing the petitioners on the earlier occasion has

appeared in the execution petition by filing the pursis suo-

motu. The learned counsel submits that being aggrieved by

the judgment and decree passed by the Trial Court, the

petitioners have preferred the First Appeal before this Court

bearing no.178 of 2015 and subsequently the said appeal came

to be transferred to the District Judge, Ahmednagar, which is

presently numbered as Regular Civil Appeal No.410 of 2015.

2 905-WP.337-21.odt

Further the petitioners have raised the objection before the

T.I.L.R. for mutating the name of decree holder in respect of

the suit property. Furthermore, the petitioners have also

challenged the description of the suit property in the pending

first appeal.

2. In view of the same, if the draft of the sale deed is

approved by the Executing Court without giving an

opportunity of being heard to the petitioners, that would cause

injustice to the petitioners. By the impugned order dated

30.01.2020, the learned Judge of the Executing Court has

appointed the Court commissioner to execute the sale deed in

favour of the decree holder with consequential directions.

3. In view of the above, issue notice to the respondents,

returnable on 17.02.2021.

(V. K. JADHAV, J.)

...

vmk/-