Shrinivas Shankar Deshpande And Ors vs Jayant Anand Sathe And Ors
2024 Latest Caselaw 23792 Bom

Bombay High Court

Shrinivas Shankar Deshpande And Ors vs Jayant Anand Sathe And Ors on 13 August, 2024

Author: Amit Borkar

Bench: Amit Borkar

2024:BHC-AS:32465
                                                                                          20-wp10658-2024.doc


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

                                                  WRIT PETITION NO.10658 OF 2024
              Digitally
              signed by
              VAIBHAV
       VAIBHAV RAMESH
       RAMESH JADHAV
       JADHAV Date:
              2024.08.14
              10:09:21
              +0530
                            Shrinivas Shankar Deshpande & Ors.              ... Petitioners
                                       V/s.
                            Jayant Anand Sathe & Ors.                       ... Respondents


                            Ms. Pranita P. Hingmire for the petitioners.



                                                           CORAM     : AMIT BORKAR, J.

                                                           DATED     : AUGUST 13, 2024
                            P.C.:

1. The petition is filed by decree holder challenging order passed by the executing Court to add third parties who acquired rights in the suit properties during pendency of execution.

2. In view of judgment in the case of Silverline Forum Pvt. Ltd. vs. Rajiv Trust and Anr. reported in (1998) 3 SCC 723, it is well settled that the persons who have acquired right, title and interest in the properties covered by decree, get no right to resist the decree. Therefore, the decree shall bind the third party purchasers. Hence, by clarifying that the third party purchasers shall be bound by the decree, no interference in the impugned order is called for.

3. The writ petition is, therefore, dismissed. No costs.

(AMIT BORKAR, J.)