Dismissed

Natwarlal Vitthaldas Doshi v. Laxmandas Vitthaldas Doshi and Ors.

Bombay HC7 Apr 2010WP/890/2010

Case brief

AI extract

What is this about?

The petitioner, seeking execution of a trial court decree, approached the High Court via writ petition. The trial court decree had been set aside on appeal. The High Court rejected the writ petition, holding that the petitioner sought to challenge an appellate decree, for which the remedy lies in appeal.

What did the court decide?

Writ Petition rejected; no interference allowed.

Natwarlal Vitthaldas Doshi Vs Laxmandas Vitthaldas Doshi and Ors. — Partition | Bombay HC (2010)

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SRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION

¶5

WRIT PETITION NO.890 OF 2010

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Mr. Natwarlal V. Doshi.. Petitioner

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V/s.

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Mr. Laxmandas V. Doshi &
Others.. Respondents.

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Mr. Nitin P. Deshpande, for Petitioner.

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CORAM :A.S.OKA,J.

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DATE :7th APRIL,2010

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P.C.:-

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1.Heard Learned Counsel appearing for the

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Petitioner. The Petitioner is the original Plaintiff. The

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Petitioner has filed a suit for partition and separate

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possession against 1st Respondent. The suit was decreed.

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The Appellate Court reversed the decree in appeal

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preferred by the 1st Respondent. The decree passed in
favour of the 1st Respondent has been set aside and suit

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filed by the Petitioner is dismissed. It appears that an
application for execution of the decree passed by the
Trial Court was filed by the Petitioner which was pending

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when the appeal was decided. An application was made by

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the Petitioner in the execution application. In the said
application filed by the Petitioner, it is contended that
the decree of the Appellate Court is nullity and

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2 wp-890-10.sxw

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SRJ

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therefore, the decree of the Trial Court stands. The said
application has been rejected by the Executing Court.

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2.After having considered the submissions made by

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the Learned Counsel appearing for the Petitioner, I find
no case is made out for interference. The decree passed
by Trial Court which was sought to be executed by the
Petitioner was set aside in appeal by the District Court.
The remedy of the Petitioner was to challenge the
Appellate decree. Hence, no case for interference is made
out. Writ Petition is rejected.

¶27

(A.S.OKA,J.)

Natwarlal Vitthaldas Doshi v. Laxmandas Vitthaldas Doshi and Ors.

Case brief

What is this about?

What did the court decide?

Natwarlal Vitthaldas Doshi v. Laxmandas Vitthaldas Doshi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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