Dismissed

Smt. Keshava Bharmappa Jamuni v. Shri. Joao Manual Santa Rita Da Piedade Camara (Sin. Dec.) through Lr'S. and 3 Ors.

Bombay HC21 Oct 2013WP/612/2013

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by a judgment debtor opposing an order sealing premises during execution proceedings. The court held that the judgment debtor's conduct and the delay since the decree made the order sustainable.

What did the court decide?

The writ petition was dismissed; the order directing the bailiff to seal the premises stands affirmed.

Smt. Keshava Bharmappa Jamuni Vs Shri. Joao Manual… — Execution and Attachment | Bombay HC (2013)

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 612 OF 2013

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SMT. KESHAVA BHARMAPPA JAMUNI ... Petitioner Versus SHRI. JOAO MANUAL SANTA RITA DA PIEDADE CAMARA (SIN. DEC.) THROUGH LR'S. AND 3 ORS., ... Respondents

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Mr. Arjun F. Naik, Advocate for the Petitioner. Mr. Jagannath Jayant Mulgaonkar, Advocate for Respondents.

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Coram:R. M. SAVANT, J. Date:21st October, 2013

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P.C:

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This Writ Petition is filed at the instance of the Judgment Debtor who has suffered a decree in Regular Civil Suit No.294/1988/II. The Decree is dated 21/12/2004. The stand taken by the Judgment Debtor i.e the petitioner herein exemplifies the manner in which the execution of the decrees are tried to be stalled by the Judgment Debtors. It is an undisputed position that in the execution proceedings which have been filed by the Decree Holder i.e the respondents herein, a warrant of attachment came to be issued by the Executing Court on 18/9/2013, it appears that the first warrant of attachment could not be executed, on the ground that it was returned unserved. It appears that the Decree holder, thereafter, filed an application for handing over possession of the decreed property. It appears that thereafter some of the Judgment Debtors filed an

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application to hand over possession voluntarily on 6/8/2013, which the Executing Court on humanitarian grounds considered and granted time till 3/9/2013 to hand over possession. However, the Judgment Debtors did not hand over possession which resulted in the respondents i.e the Decree Holder once again filing an application for warrant of possession. When the warrant of possession was sought to be executed the Bailiff found that the property which is the subject matter of the present petition had been locked. Obviously the same must have been done by the petitioner or at her behest. The Bailiff reported this fact back to the Executing Court. Upon this, the Decree Holder filed an application for the Bailiff to open the lock put on the premises in question. The Trial Court has passed the impugned order directing the Bailiff to seal the premises in question till such time the application filed by the petitioner for opposing the execution of the decree is decided. In the conspectus of the facts as aforesaid where the decree is passed as long back as in the year 2004 and considering the conduct of the present petitioner, in my view, the order impugned directing the sale of the premises passed by the Executing Court cannot be taken exception to. No case for interference is made out. The Writ Petition is accordingly dismissed.

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R. M. SAVANT, J.

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ap/-

Smt. Keshava Bharmappa Jamuni v. Shri. Joao Manual Santa Rita Da Piedade Camara (Sin. Dec.) through Lr'S. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Smt. Keshava Bharmappa Jamuni v. Shri. Joao Manual Santa Rita Da Piedade Camara (Sin. Dec.) through Lr'S. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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