Dismissed

Vaishali Sanjay More v. Sulochanabai Vasant Londhe Thr Power of Att Anil Vasantrao Londhe and Ors.

Bombay HC11 Jan 2012WP/192/2012

Case brief

AI extract

What is this about?

In an execution petition, the petitioner (legal heir of a deceased judgment debtor) objected to the issuance of a warrant due to alleged defects in the decree's amendment and boundary description. The High Court distinguished a Supreme Court precedent and dismissed the writ.

What did the court decide?

Writ Petition dismissed; no order as to costs.

Vaishali Sanjay More Vs Sulochanabai Vasant Londhe… — Execution and Attachment | Bombay HC (2012)

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W.P.No.192/12.

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 FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 APPELLATE SIDE, BENCH AT AURANGABAD

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WRIT PETITION NO.192 OF 2012

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Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.

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Court's or Judge's orders

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Mr.K.S.Bhore, advocate for the petitioner.

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 CORAM : S.V.GANGAPURWALA,J.

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 Date : 11.01.2012.
PER COURT :

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Heard.

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The petitioner is the legal heir of original Judgment debtor No.1. The original judgment debtor No.1 died after the decree was passed. In an execution proceedings, the petitioner has brought on record the legal heir of deceased Judgment debtor No.1. The petitioner filed application raising objection to the execution of decree. One of the ground was that the decree is not corrected and though in column No.1 the L.Rs. are brought on record and in column No.9 and 10, warrant is sought to be issued against the Judgment debtor Nos.1 to 10. Even in column 9 and 10 the amendment is required to be made and unless that is done, no warrant can be issued. The learned counsel further submits that the

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W.P.No.192/12.

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boundaries are also inconsistently mentioned. This aspect has not been taken into consideration by the Court. The learned counsel relies on the judgment of the Apex Court in a case of " Smt.Jiwani Vs. Rajmata Basantika Devi and others" reported in AIR 1994 Supreme Court 1286.

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The Judgment debtor No.1 has died after the decree is passed and after the execution is filed. The L.Rs. of Judgment debtor No.1 are brought on record and are shown in the execution proceedings. The authority of the Apex Court in a case of "Smt.Jiwani Vs. Rajmata Basantika Devi and others" referred supra relied by the learned counsel would not be of any assistance as in the said case before the Apex Court, the execution was signed by the decree holder who was dead prior to filing of the same. In the present case, the Judgment debtor No.1 has died after filing of execution and the L.Rs. are brought on record. Merely nonmention of J.Ds.1A to 1C in column 9 and 10 would not make any difference. J.Ds. 1A to 1C would be the representatives in interest of J.D.No.1. The other objection about the boundaries not properly mentioned can not be considered in view of the fact that the decree has been confirmed up to this Court and the judgment debtor has not produced any document to show that the boundaries are incorrect.

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In view of the above, no error is committed by the trial

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W.P.No.192/12.

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Court while rejecting the application Exh.33. The Writ Petition is dismissed. However, there shall be no order as to costs.

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(S.V.GANGAPURWALA,J.)

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Dt.11.01.2012. asp/office/wp192.12

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W.P.No.192/12.

Vaishali Sanjay More v. Sulochanabai Vasant Londhe Thr Power of Att Anil Vasantrao Londhe and Ors.

Case brief

What is this about?

What did the court decide?

Vaishali Sanjay More v. Sulochanabai Vasant Londhe Thr Power of Att Anil Vasantrao Londhe and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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