Smt. Sheel Arora vs Madan Mohan Bajaj And Anr
2022 Latest Caselaw 11275 Bom

                   Tikam                                    1/2          21- wp 12369 OF 2022


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAISHALI
ANIL                                CIVIL APPELLATE JURISDICTION
TIKAM                              WRIT PETITION NO.12369 OF 2022
Digitally signed
by VAISHALI
ANIL TIKAM
Date:
                   Smt. Sheel Arora                     .....Petitioner
2022.10.21
18:40:53 +0530       V/s.
                   Madan Mohan Bajaj and Anr.           ....Respondents

                                                -----

                   Mrs. Divya R. Trivedi, Advocate for the Petitioner.

                                          CORAM : SANDEEP K. SHINDE, J.

DATED : 21ST OCTOBER, 2022.

P.C. :

1. It is argued, that Executing Court cannot receive the

preliminary decree, unless a final decree is passed under Order 20

Rule 18(2) of Civil Procedure Code. Submission is that, decree in

question being, final decree, it cannot be executed until, it is

engrossed on requisite stamp paper. The reliance was placed the

judgment in the case of Shankar Balwant Lokhande (AIR 1995 S.C.

1211). The Learned executing court rejected the contention of

Petitioner-Judgment Debtor and thus refused to dismissed execution

proceedings.

Tikam 2/2 21- wp 12369 OF 2022

2. Though Mr. Jain appears on behalf of the Respondent

No.1, he is not present. Therefore, list the petition for further

consideration on 8th December, 2022.

3. In the meantime, there shall be an ad-interim relief in

terms of prayer clause (b).

(SANDEEP K. SHINDE, J.)