Bombay High Court
Alka Shrirang Chavan vs Rajaram Balajirao Pokale on 22 September, 2021
Bench: S. K. Shinde
Rane 1/4 IA-2046-2021 (SR.17)
22.09.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2046 OF 2021
IN
CIVIL REVISION APPLICATION (ST.) NO. 7769 OF 2021
Alka Shrirang Chavan and Ors. ....Applicants
V/s.
The State of Maharashtra ....Respondent
****
Mr. Prasad Dani, Senior Advocate a/w. Mr. Siddhesh
Bhole a/w. Mr. Nikhil Ghate, Advocate for the applicants.
Mr. Namitkumar Pansare i/by. Mr. Drupad Patil,
Advocate for respondent no.2.
Coram : Sandeep K. Shinde, J.
Wednesday, 22nd September, 2021.
P.C. :
1. Heard.
2. Although, the respondent no.1 (contesting party)
has been served, none appears for him.
3. Interim Application is filed in the following facts
and circumstances :
Rane 2/4 IA-2046-2021 (SR.17)
22.09.2021
3. Respondent no.1 is a decree-holder; whereas
respondent no.2 is the judgment debtor, in a suit for
specific performance of the contract. The judgment debtor
sought dismissal of the Regular Darkhast on the ground
that the decree-holder/plaintiff, did not deposit Rs.1,775/-
within two months from the date of the judgment and order
and this delay has rendered the decree in-executable. The
learned executing Court rejected the application vide order
dated 1st March, 2021; whereafter the judgment debtor
challenged that order in Civil Revision Application (St.)
No.7769 of 2021. Revision was heard and dismissed by this
Court, and the Executing Court was directed to execute the
decree on/or before 15th June, 2021. These facts are not in
dispute.
4. Applicants before this Court, claim that they are
bonafide purchasers of the 'suit property' without notice.
They obstructed the execution of the decree. Their
obstruction application was rejected. Whereafter applicant-
obstructionist, preferred First Appeal No.169/2020 in the
Court of District Judge at Pune. This fact was suppressed
from this Court, in revision proceedings instituted by the
judgment debtor.
Rane 3/4 IA-2046-2021 (SR.17)
22.09.2021
5. In these facts and circumstances, the applicants
claim that, if decree is executed, as directed by this Court,
it would render their substantive First Appeal infructous.
Mr. Dani, learned Counsel for the applicants, correctly
submitted that let the First Appeal No.169/2020 be
decided expeditiously and till then the execution
proceedings in Regular Darkhast No.205/1991 pending on
the file of the Joint Civil Judge Senior Division, Pune be
kept in abeyance.
6. In consideration of the facts of the case, in my
view, it would be appropriate, if the First Appeal
No.169/2020, is disposed off expeditiously. It is informed
that, all parties in the First Appeal are duly served and
have caused their appearances.
7. Mr. Dani, on instructions, informs, that after the
order passed in the Civil Revision Application, the records
and proceedings were sent back to the executing Court in
Regular Darkhast No. 205/1991.
6. For the aforesaid reasons, I pass the following
order:
Rane 4/4 IA-2046-2021 (SR.17)
22.09.2021
(i)Joint Civil Judge Senior Division, Pune shall transmit
the records and proceedings in Regular Darkhast
No.205/1991 to the Court of District Judge at Pune in
Regular First Appeal No.169/2021 within two weeks from
the date on which the order is uploaded on the website of
the High Court.
(ii) the learned District Judge shall dispose of the Regular
First Appeal No.169/2020 expeditiously and within three
months from the date on which he receives the record and
proceedings from the executing Court as directed above.
7. The Interim Application is allowed and disposed
off in the aforesaid terms.
NEETA
SHAILESH
SAWANT
Digitally signed by
NEETA SHAILESH
SAWANT (Sandeep K. Shinde, J.)
Date: 2021.09.24
17:56:38 +0530
