Shakir Hussain Qureshi And Anr vs Smt. Ratnaprabha Vitthal Bhosle ...
2022 Latest Caselaw 1602 Bom

                                                                   18.502.22 wp.doc

ISM
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                           CIVIL WRIT PETITION NO. 502 OF 2022

      SHAKIR HUSSAIN QURESHI AND ANR                              ....PETITIONERS

              V/s.

      SMT. RATNAPRABHA VITTHAL BHOSLE                    .....RESPONDENTS
      AND ORS

      Mr. P. S. Dani senior advocate i/b Mr. Prashant Kulkarni for the
      Petitioner


                               CORAM :   NITIN W. SAMBRE, J.

                               DATE:     FEBRUARY 16, 2022.

      P.C.:

      1)      This Petition is by objector who has purchased the Suit

property from the Judgment-Debtor vide sale deed dated 21/04/2009

and 22/04/2009. Judgment-Debtor suffered Judgment and Decree

dated 30/10/1998 in a Suit for specific performance being Special

Civil Suit No. 127/1998. Petitioner, third party (purchaser of Suit

property from Judgment Debtor) is questioning the order passed

below Exh. 129 in Special Darkhast proceedings No. 44/2010

whereby objection to the maintainability of execution proceedings is

18.502.22 wp.doc

turned down vide impugned order dated 27/09/2021.

2) According to Shri. Dani, learned senior counsel for the

Petitioner, Decree provides for directions against the Judgment-

Debtor to execute the sale deed provided balance consideration is

paid by the Plaintiff within period of two months from the date of

Judgment and Decree i.e. 30/10/1998. Mr. Dani would urge that

Plaintiffs-Decree Holder have deposited the said amount vide demand

draft dated 10/08/2010 on 30/08/2010 that too without permission

or extension from the Court who has passed the Decree. According to

him, in alternate to above, trial Court has permitted the Judgment

Debtor to refund the amount of Rs. 3,77,000/- with interest at the

rate of Rs. 12% per annum from the date of filing of the Suit. He

would urge that entire amount of Rs. 3,77,000/- with 12% interest

from 25/05/1991 till 28/02/2022 with compensation of Rs.

30,00,000/- will be deposited in this Court within period of 4 weeks

from today.

3) Locus of the Petitioner to question execution proceedings is

required to be appreciated as this Court is of prima facie opinion that

right of the Petitioner at the most can be asserted against the

18.502.22 wp.doc

Judgment Debtor and not the Decree Holder and as Decree Holder is

not party to the alleged transaction of sale between Judgment Debtor

and the Petitioner. Keeping such option open, statement made about

deposit of amount is expected as an undertaking to this Court.

4) In case if the amount is deposited, let there be notice to the

Respondents, returnable on 16/03/2022 after deposit of such

amount.

[NITIN W. SAMBRE, J.]