A single judge of the Bombay High Court addressed a challenge to the execution court's order handing over possession of a property share based on a 2003 partition decree and 2014 notice under Section 54 CPC, finding the objection unsustainable.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2635 OF 2018 WITH
WRIT PETITION NO. 5745 OF 2018
Gautam Sadashiv Kamble
Versus
Prakash Sadashiv Kamble & Ors.
...Petitioner ...Respondents
Mr. Sumedh Modak i/b Vijay Killedar for the petitioner. Mr. T. S. Ingale for respondent Nos.1 ,3, 5 to 7.
——————
Coram : Sharmila U. Deshmukh, J. Date : July 10, 2023.
P. C. :
1. Not on board. Upon mentioning, taken on board.
1 of 2
Harish
notice in the year 2014 to the parties for handing over the possession as per the map.
2023 .
[Sharmila U. Deshmukh, J.]
2 of 2
Harish
2 issues framed by the court
Whether the objection to handing over possession of the share pursuant to the partition map and Section 54 CPC decree can be sustained.
Whether the executing court is entitled to hand over possession as per the undisputed partition map.
1 provisions across 1 enactments
Gautam Sadashiv Kamble
Prakash Sadashiv Kamble
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
