The High Court dismissed an execution application for want of prosecution as the claimant failed to proceed for twelve months under Rule 329 of the Bombay High Court Original Side Rules.
Execution Application dismissed for want of prosecution.
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Digitally signed byMUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.06.07 16:20:49 +0530
1 26-EXA 598-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.598 OF 2017
Magma Fincorp Limited … Claimant/Decree Holder
V/s.
Madan Rataram Choudhary S/o R C Choudhary … Respondent/Judgment Debtor
None for the Claimant/Decree Holder.
CORAM : ARIF S. DOCTOR, J. DATE : 07TH JUNE 2023
P.C. :
“ R.329. Non-prosecution of application for execution .---- When a party does not proceed with the application for execution for a period of twelve months from the date of the filing of application, the Prothonotary and Senior Master shall place the application before the Judge in Chambers for dismissal for want of prosecution. The Judge may pass such orders thereon as he may think fit.”
cause why the Execution Application ought not to be dismissed.
Mugdha
1 of 2
2 26-EXA 598-17.doc
prosecution. No order as to costs.
(ARIF S. DOCTOR, J.)
Mugdha
2 of 2
1 issue framed by the court
Whether an execution application non-prosecuted for twelve months should be dismissed for want of prosecution.
1 provisions across 1 enactments
Magma Fincorp Limited
Madan Rataram Choudhary
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
