The High Court disposed of a writ petition challenging an order in execution of a decree. Since the execution was stayed on admission of a first appeal pending between the same parties, with no order as to costs.
Writ Petition No. 7 of 2020 was disposed of 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.
WP7-20.DOC
Santosh
IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 7 OF 2020
…Petitioner.
PUNDALIK VERLEKAR., …Petitioner. Versus BAIJU JACOB … Respondents.
Mr. Ravi Gawas, Advocate for the Petitioner.
Mr. Anthony Joe D'Silva, Advocate for the Respondent.
CORAM: M. S. SONAK, J DATED: 27th July 2021
P.C.:-
1. This writ petition challenges an order made by the Executing Court in the execution of the Judgment and Decree dated 23/2/2018 in Special Civil Suit No. 10/2016/A. Now, this very decree is the subject-matter of challenge in First Appeal No.126/2019.
2. First Appeal No.126/2019 has been admitted today and even ad interim relief has been granted, staying the execution of the decree subject, no doubt, to complying of certain conditions as to deposit by the Petitioner herein.
Page 1 of 2 27th July 2021
WP7-20.DOC
3. Since, the Decree has been stayed, there is no reason to keep Writ Petition No.7/2020 pending. Mr. Gawas, based on instructions from the Petitioner, assures this Court that the statement that the Petitioner would deposit 5.00 lakhs in this ₹ Court in First Appeal No.126/2019, is accepted.
4. This petition is, accordingly, disposed of. There shall be no order as to costs.
M. S. SONAK, J.
SANTOSH S MHAMAL Digitally signed by SANTOSH S MHAMAL Date: 2021.07.27 17:27:14 +05'30'
Page 2 of 2 27th July 2021
1 issue framed by the court
Whether a writ petition challenging an order in execution of a decree should be disposed of when the execution is stayed due to a pending first appeal.
SANTOSH VERLEKAR
BAIJU JACOB
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
