Siddharth Suhas Bhagat vs Bimal @ Bimalkumar Mannulal ...
2022 Latest Caselaw 4969 Bom

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO. 5989 OF 2022

   Siddharth Suhas Bhagat                ) Petitioner
        V/s.
   Bimal @ Bimalkumar Mannulal
   Agarwal                               ) Respondent

                                ...

Mr. Siddharth S. Bhagat, petitioner in person.

Mr. Gopal Nagne, Advocate for the respondent.

CORAM : SANDEEP K. SHINDE J.

(Vacation Court)

DATE : TUESDAY, 24TH MAY, 2022.

P.C. :

1. Heard Mr. Bhagat, petitioner in person and Mr. Nagne, learned Counsel for the respondent.

2. This petition challenges the order dated 22nd February, 2022, by which the application moved by the petitioner- judgment debtor, under Section 47 read with Order 21 Rule 23 of the Civil Procedure Code was dismissed by the Additional Judge, Small Causes Court, Pune.

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3. Briefly stated facts of the case, are like this : . Respondent instituted Civil Suit No.302/2013 in the Small Causes Court at Pune seeking decree to recover possession of the suit property. The suit was decreed on 30 th July, 2018. Feeling aggrieved by the said decree, petitioner- judgment debtor, preferred Regular Civil Appeal No. 422/2018. The Appeal was dismissed on 20th March, 2021. Whereafter on 10th November, 2021 petitioner moved an application under Order 47 read with Order 21 Rule 23 of the Civil Procedure Code. That application has been rejected and hence this writ petition. Admittedly, the judgment and order dated 20th March, 2021 passed by the District Judge, Pune in Regular Civil Appeal No.422/2018, has attained the finality. That judgment has not been challenged by the petitioner. In consideration of these facts, rejection of petitioner's application moved under Section 47 read with Order 21 Rule 23, cannot be faulted with. In that view of the matter, the Writ Petition is dismissed. NEETA SHAILESH SAWANT Digitally signed by (SANDEEP K. SHINDE, J.) NEETA SHAILESH SAWANT Date: 2022.05.25 10:56:10 +0530

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