Ramchandra Baburao Jadhav Since ... vs Maniklal Bhaanilal Tiwari
2021 Latest Caselaw 15203 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                    WRIT PETITION NO. 7068 OF 2021

Ramchandra Baburao Jadhav since
deceased thru LRs                              .. Petitioners
     Versus
Maniklal Bhaanilal Tiwari                      .. Respondent

                                         ...

Mr.P.S. Dani, Sr. Advocate with Mr.Shailesh D. Chavan for the
petitioners.

                   CORAM: BHARATI DANGRE, J.

DATED : 22nd OCTOBER 2021.

P.C:-

1 Heard Mr.P.S. Dani, learned Senior counsel for the petitioner.

2 The challenge in the Writ Petition is to the issuance of the possession warrant which was objected to by the petitioner, the decree holder on the ground of identification of the property. While dealing with the said objection, the Court has merely recorded that the Executing Court will have to act in terms of the decree and cannot go beyond it.

When the decree is perused, it is in form of setting aside of the judgment of the Civil Judge, Sr. Division and when Tilak

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the plaint is looked into, and in particular para-1 of the plaint, the suit property is described as 4R located at the southern side of Old Satara Medha road with the Survey number and pherphar number from Survey No.380/7, totalling 54R. The plaint was not accompanied with the schedule of property and this vague description in the plaint is sought to be executed. Learned Senior Counsel make a statement that attempts were made by the judgment debtor to seek measurement and demarcation of the boundaries of the suit property but the same has been denied.

3 Issue notice to the respondents. Notice is made returnable on 23rd November 2021.

Notice shall state that the Writ Petition shall be heard finally at the stage of admission since it pertain to execution of a decree in favour of the respondent.

4                 Hamdast granted.


5                 Since it is informed that the possession warrant is

scheduled for 25th October 2021, the warrant shall not be given effect to till the next date of hearing by this Court.

SMT. BHARATI DANGRE, J

Tilak