Petitioner challenged an execution notice. Court held that objections to a Civil Court decree must be raised under CPC, not via writ. Petition dismissed.
Writ petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 wp 1102.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1102 OF 2013
Vinayak Madhavrao Humbarde .. Petitioner
Versus
Sunita Vinaykrao Humbarde and anr. .. Respondents
Shri H. I. Pathan, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 11TH FEBRUARY, 2013.
PER COURT :
. The petitioner assails the notice issued in execution proceedings.
2 wp 1102.13
[ S. V. GANGAPURWALA, J. ]
bsb/Feb. 13
2 issues framed by the court
Whether a writ petition challenging a notice issued in execution proceedings can be entertained when the underlying decree is contested.
Whether objections regarding a decree passed by the Civil Court should be raised before the appropriate court under the Code of Civil Procedure.
2 provisions across 2 enactments
Vinayak Madhavrao Humbarde
Sunita Vinaykrao Humbarde
S. V. GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
