Bench held that appeals against an executing court order were not maintainable before the lower appellate court as no provision in C.P.C. made them so. Order of lower appellate court quashed. Petitions disposed with liberty to challenge decree otherwise.
Order of the lower appellate court quashed and set aside. Petitions disposed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2591 OF 2007
Sagar Giridhar Bachhao.. Petitioner
Versus
Smt.Ranjan Walchand Bachhao.. Respondent
WITH
WRIT PETITION NO.2589 OF 2007
Sagar Giridhar Bachhao
Versus
Sachin Walchand Bachhao
.. Petitioner
.. Respondent
Mr.Arun Palekar for petitioner
Mr.Khandeparkar i/b. Khandeparkar & Associates
for respondent
CORAM :S.C.DHARMADHIKARI, J.
DATE:10th December 2007
P.C.
.Both these petitions are directed against
the orders passed by the lower appellate court on
15th December 2006. Those orders were passed on
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appeals which were filed by the respondents to
challenge the order of executing court in
execution case Nos. 1 of 2005 and 2 of 2005
respectively.
2.The only submission before me is that
these appeals were not maintainable.
3.Having perused the orders passed by the
trial court and that of the lower appellate
court, I am satisfied that the order passed by
the executing court was not capable of being
challenged in appeal before the lower appellate
court.
4.Mr.Khandeparkar could not point out to me
any provision in the C.P.C. or otherwise which
makes such an appeal maintainable. On this short
ground alone the order of the lower appellate
court is quashed and set aside.
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5.However,thisdoesnot prevent
respondents from initiating such proceedings as
are permissible in law to challenge subject
decree so also the direction of the executing
court dated 8th August 2006. Petitions disposed
of.
(S.C.Dharmadhikari, J)1 issue framed by the court
Whether appeals against orders of the executing court filed by respondents were maintainable before the lower appellate court under C.P.C.
Sagar Giridhar Bachhao
Smt. Ranjan Walchand Bachhao
Sachin Walchand Bachhao
S.C.DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court