Writ petition challenging rejection of stay on issuance of possession warrant was rejected as the petitioner failed to raise specific objection under Order 21 Rule 89 CPC at the appropriate stage.
Writ petition rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4052 OF 2010
Meera Yadgiri Maheshwaram v/s. Hingalaj Developers Pvt Ltd. & Ors.
..Petitioner
..Respondents
Mr. Ramdas Sabban for the Petitioner Mr. Anand S. Kulkarni for the Respondents
CORAM:- B.R. GAVAI, J DATED :- 1st MARCH, 2011.
P.C.
1 By way of present Petition, the Petitioner challenges the order dated 11-9-2009, vide which the application filed by the present Petitioner for stay to the issuance of possession warrant came to be rejected.
2 The Learned Trial Court in the impugned order has observed that the present Petitioner was not present when the matter was called out
and the Petitioner has not raised objection even in specific form as laid down under Order 21, Rule 89 of the Civil Procedure Code and the Application was filed at the stage when the sell is already confirmed and the sell certificate was already issued.
3 In that view of the matter, no case is made out to entertain this Petition. The Petition is rejected.
(B.R. GAVAI, J)
1 issue framed by the court
Whether a writ petition for stay of possession warrant can be entertained when the sale was already confirmed and certificate issued without specific objection as per Order 21 Rule 89 CPC.
1 provisions across 1 enactments
Meera Yadgiri Maheshwaram
Hingalaj Developers Pvt Ltd.
B.R. GAVAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
