The applicant sought restoration of an execution application dismissed for default. The Court, noting potential prejudice and subject to payment of costs, restored the application.
Restoration of Execution Application No.163 of 2005 subject to payment of costs of Rs.5,000/- to the High Court Original Side Library within two weeks.
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.
917-IA-722-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.722 OF 2024 IN
EXECUTION APPLICATION NO.163 OF 2005
ANURADHA NAYAN SHAH )...APPLICANT
V/s.
JAYANTILAL VALLABHDAS PATNI AND OTHERS )...RESPONDENTS
Mr.Amogh Singh a/w. Mr.Amit Hailkar i/by Mr.Nivit Srivastava, Advocate for the Applicant.
None for the Respondents.
CORAM : ABHAY AHUJA, J. DATE : 11th MARCH 2024
P.C. :
which came to be dismissed for default in view of the conditional common order dated 10th September 2018 passed by this Court.
the attention of this Court to paragraphs 3 to 13 and then again from paragraphs 3 to 5 on page 9 submitting that amended Proclamation of Sale also was issued on 16th August 2016. That, if the Application is not restored, great prejudice would be caused to the Applicant. avk 1/2
917-IA-722-2024.doc
Learned Counsel submits that this Court may restore the Application, subject to reasonable costs.
(ABHAY AHUJA, J.)
ARTI VILAS KHATATE
Digitally signed by ARTI VILAS KHATATE Date: 2024.03.11 19:44:04 +0530
avk 2/2
1 issue framed by the court
Whether the execution application dismissed for default should be restored?
ANURADHA NAYAN SHAH
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
