A writ petition challenged an Executing Court's show-cause notice under Order 21 Rule 37 CPC issued in execution of a reference Court award. Since the petitioner had filed no formal objection in the execution proceedings, the High Court declined to entertain the petition and dismissed it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 413 OF 2022
Executive Engineer, L.P. Yojna, Ganeshpur, Dist. Washim Vs.
Vikram Tukaram Walke (dead) Thru. LRs and anr.
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Mr. M.A. Kadu, Advocate for petitioner. Mr. V.K. Paliwal, Advocate for respondent No.1(b) to 1(f). Mr. A.G. Mate, AGP for respondent/State.
CORAM : N.R. BORKAR, J.
DATE : 10.10.2024.
This petition takes exception to the order dated 15.12.2021 passed by the Executing Court below Exhibit 32 in Special Darkhast No.6/2015.
Prity
before the Executing Court to that effect. In that view of the matter, I am not inclined to entertain the present petition.
(N.R. BORKAR, J.)
Prity
1 issue framed by the court
Whether the petitioner could challenge the Executing Court's show-cause order without having filed any formal objection to the execution.
1 provisions across 1 enactments
Executive Engineer, L.P. Yojna, Ganeshpur, Dist. Washim
Vikram Tukaram Walke (dead) Thru. LRs
Respondent No. 2 (State)
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
