The Bombay High Court held that orders in objection proceedings are challengeable only by appeal under Section 105(1) CPC, making Article 227 interference premature. The writ petitions were dismissed.
The writ petitions stand dismissed. No 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.
59-wp6520-2023.doc
VRJ
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6520 OF 2023
VAIBHAVRAMESHJADHAV Digitallysigned byVAIBHAVRAMESHJADHAVDate:2023.09.0517:41:31+0530
Mohd Ismail Mohd Swaleh … Petitioner V/s.
Haji Nishar Ahmad Shabbir Ahmad & Ors. … Respondents
WITH
WRIT PETITION NO.7823 OF 2023
Mohd Ismail Mohd Swaleh … Petitioner V/s.
Haji Nishar Ahmad Shabbir Ahmad & Ors. … Respondents
Ms. Rukmini Khairnar i/by Mr. Pramod Joshi for the petitioner.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 5, 2023
P.C.:
(AMIT BORKAR, J.)
1
1 issue framed by the court
Whether interference under Article 227 is called for against an order in objection proceedings subject to appeal.
3 provisions across 2 enactments
Vaibhavramesh Jadhav and Mohd Ismail Mohd Swaleh
Haji Nishar Ahmad Shabbir Ahmad & Ors.
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
