Dismissed

Janardhan Krishna Pawar (Since Decd) through Lrs. v. Shri Chatrapati Shahu Co-Operative Housing Society Ltd.

Bombay HC18 Sept 2019WP/7562/2015

Case brief

AI extract

What is this about?

The court exercised writ jurisdiction in two petitions challenging the appointment of a Court Commissioner by the Executing Court during the execution of a preliminary decree. The High Court found no reason to interfere, granting liberty to challenge the Commissioner's report once filed, and rejected the petitions.

What did the court decide?

The petitions were rejected with liberty to challenge the Court Commissioner's report upon its filing.

Janardhan Krishna Pawar (Since Decd) through Lrs. Vs… — Execution and Attachment | Bombay HC (2019)

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wp 8938-16 & anr..doc

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DDR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 8938 OF 2016

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Ranjana Rajesh Pisal & ors...Petitioners.
vs.
Chhatrapati Shahu Co-op. Housing
Society Limited..Respondent

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WITH
WRIT PETITION NO. 7562 OF 2015

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Janardhan K. Pawar & ors...Petitioners
vs.
Chhatrapati Shahu Co-op. Housing
Society Limited..Respondent

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Shri M.J. Jamdar for petitioners in WP/8938/2016.
Shri S.B. Deshmukh for petitioners in WP/7562/15.
Shri P.J. Thorat, Counsel for respondent No.1 in both Petitions.

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CORAM : M.S.KARNIK, J.

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 DATE : 18th SEPTEMBER, 2019

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P.C.:

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Heard learned counsel for the petitioners and

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learned Counsel for respondent No.1.

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2.The petitioners are the original judgment debtor

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Nos.1F, 2G, 3B, 5(A), 5(B) and 5(C). The petitioners are

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wp 8938-16 & anr..doc

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challenging the order dated 11th June, 2015 passed by the
Executing Court in Regular Darkhast No. 72 of 1979 below
Exhibit 299 and 300. The respondents had filed the execution
proceedings for executing the order passed by the Judge, Co-
operative Court, Satara, in case No. ABN/596/72-73 as modified
by the Co-operative Appellate Court in Appeal No. 215 of 1980.
The Executing Court on application made by the decree holder
passed order on 24/1/2011 below Exhibit 202 appointing DILR
as Court Commissioner for filing its report in respect of 8 R 5
Gunthas as set out in the application. The petitioners by filing
applications below Exhibits 299 and 300 sought recall of the
order dated 24/01/2011 below Exhibit 202 appointing DILR as
Court Commissioner.

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3.According to learned counsel for the petitioners, the
decree of which execution is sought is a preliminary decree.
At the stage of passing of the preliminary decree and before final
decree could be passed, the order appointing Court
Commissioner could not have been made.

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wp 8938-16 & anr..doc

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4.Learned counsel for the petitioners has relied upon
the decision of the Hon’ble Supreme Court in the case of
Shankar Balwant Lokhande (Dead) by Lrs. v/s. Chandrakant
Shankar Lokhande and another reported in (1995) 3 SCC 413 to
support his submission.

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5.I have gone through the order passed by the
Executing Court appointing the Court Commissioner and also
the order dated 11/6/2015 rejecting the application for recalling
of the order passed below Exhibit 202. By the order passed
below Exhibit 202 the Executing Court had directed
appointment of the DILR as the Court Commissioner. The DILR
was yet to submit the report at which point of time the
petitioner filed the application for recalling the order. I am
informed that the Court Commissioner in terms of the order
passed below Exhibit 202 has already filed his report.

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6.In this view of the matter, I do not find any reason to
interfere with the order passed by the Executing Court below
Exhibits 299 and 300. However, liberty is kept open for the

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wp 8938-16 & anr..doc

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petitioners to challenge the Court Commissioner’s report
including on the ground that at the stage of passing of
preliminary decree Court Commissioner cannot be appointed.

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7.With this liberty the Petitions are rejected.

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(M.S.KARNIK, J.)

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Digitally signed Diksha by Diksha RaneDate: Rane 2019.09.2318:26:37 +0530

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Janardhan Krishna Pawar (Since Decd) through Lrs. v. Shri Chatrapati Shahu Co-Operative Housing Society Ltd.

Case brief

What is this about?

What did the court decide?

Janardhan Krishna Pawar (Since Decd) through Lrs. v. Shri Chatrapati Shahu Co-Operative Housing Society Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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