Narhari Kashiram Divekar Decd. Thr. Lhrs Balkrishan Narhari Divekara and Ors. v. Baban Pandharinath Takle Decd. and Ors.
Case brief
What is this about?
The High Court of Bombay disposed of a writ petition challenging the Executing Court’s order rejecting the petitioner’s application under Section 47 CPC. The Court held that only a void decree is inexecutable and the petitioner must pursue stay application before the District Court.
What did the court decide?
Writ petition dismissed with liberty to apply for stay before the District Court.