Petitioner challenged the order rejecting her objection in execution of a final decree, but having already filed an appeal against the final decree itself, the High Court declined to entertain the petition and disposed of it, keeping contentions open.
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2024:BHC-NAG:10648
47-wp-3-24.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition (WP) No. 3 of 2024
Hasinabai Pirmohammad Ansari Versus
Shriram Bali @ Baliram Junghare and others
Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's order
Court's or Judge's Order
Shri Mohd. Sharik, Advocate for the petitioner. Ms. Kirti Satpute, Advocate for the respondent no.1.
CORAM : N.R.BORKAR, J. DATED : 23rd SEPTEMBER, 2024.
This petition takes exception to the order dated 07-12-2023, passed by the learned Civil Judge, Senior Division, Chandrapur (below Exhibit-33) in Regular Darkhast No.1/2021.
ii. By the order impugned, the learned Executing Court has rejected the objection filed by the petitioner in execution proceedings filed by the respondents for execution of final decree dated 17-03-2020 in R.C.S. No.366/1980.
Deshmukh
2 47-wp-3-24.odt
iii. As the petitioner has filed appeal against the final decree, I am not inclined to entertain the present petition. The petition is disposed of.
iv. All the contentions of the parties are kept open.
Deshmukh
1 issue framed by the court
Whether the writ petition challenging the Executing Court's rejection of objections should be entertained when an appeal against the final decree is pending.
Hasinabai Pirmohammad Ansari
Shriram Bali @ Baliram Junghare
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
