Kisanchand S/O Gurumukhdas ... vs Suresh S/O Vyankatswami Naidu And ...
2023 Latest Caselaw 11084 Bom

                                                             1                     23-2316-2019.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                  WRIT PETITION NO.8316/2019

          Kisanchand s/o Gurumukhdas Dudhani (Dead) through LRs
                                    Vs.
                 Suresh s/o Vyankatswami Naidu and others

Office Notes, Office Memoranda                         Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Ms. Prachi Joshi, Advocate for petitioners
                                  Mr. D.R. Khapre, Advocate for Respondent No.1


                                  CORAM:       AVINASH G. GHAROTE, J.

DATED : 27h OCTOBER, 2023

The learned counsel for the petitioners does not dispute that money decree in R.C.S. No.87/1986 has been satisfied on account of sale of 0.20 HR out of the property belonging to judgment debtors therein bearing Survey No.12 admeasuring 2.60 HR. It is therefore clear that the matter does not pertain to satisfaction of the decree as that already stands satisfied by making payment to the decree holder of the decretal amount out of the sale proceeds received in the auction sale. In such circumstances, the provisions of Order 21 Rules 58 and 90 of the Code of Civil Procedure would clearly be not attracted and the rejection of the objection by the learned trial Court on this ground is clearly justified. It would be appropriate for the parties to 2 23-2316-2019.odt

get the entire land measured for the purpose of determining the location of 0.20 HR, which has been sold in auction and so also the location of 2.40 HR claimed to have been purchased by the petitioner which in fact is what was directed to be done by the learned appellate Court in M.C.A. No. 79/2009 decided on 31/10/2011 and so also by the impugned order (para 9 page 17). The petition is accordingly dismissed with the aforesaid observations. No costs.

JUDGE

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 27/10/2023 18:14:00