Disposed

Pralhad S/O Suryabhan Sapkal v. Gajanan S/O Hari Marodkar

Bombay HC19 Dec 2024WP/565/2024

Case brief

AI extract

What is this about?

The petitioner challenged the execution of a 1999 decree filed 16 years later, contending it was barred by the 12-year limitation period. The Court noted that while the execution prima facie appeared barred, the respondent sought time to examine the issue and was granted an adjournment with ad-interim relief.

What did the court decide?

Ad-interim relief granted pending next date.

Pralhad S/O Suryabhan Sapkal vs Gajanan S/O Hari… — Execution and Attachment | Bombay HC (2024)

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1 / 3 33.wp565.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO. 565 OF 2024

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Pralhad s/o Suryabhan Sapkal Vs. Gajanan s/o Hari Marodkar

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. A.J. Thakkar, Advocate for petitioner.

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Mr. Arjun Deshmukh, Advocate h/f Mr. R.R. Vyas, Advocate for respondent.

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CORAM : N.R. BORKAR, J.

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DATE : 19.12.2024.

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This petition takes exception to the order dated 31.10.2023 passed by the learned Civil Judge Junior Division, Motala below Exhibit 1 in Regular Darkhast No.5/2015.

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The respondent herein has filed the execution proceedings for execution of the decree dated 02.12.1999 passed in RCS No.68/1997. The decree reads thus:

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“1) Suit is decreed.

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Defendant shall hand over possession of 51 R land out of land Gat No.77 to the plaintiff as shown in blue colour in map Exh.42 which shall form the part of the decree hereinafter, within 3 months.

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Prity

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2 / 3 33.wp565.2024

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Defendant shall also pay Rs.500/- to the plaintiff towards mesne profit prior to filing of suit.

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The future inquiry be held in respect of mesne profit under Order 20 Rule 12 of the CPC from the date of Judgment till delivery of possession by defendant to plaintiff.

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Defendant shall pay costs to plaintiff and shall bear his own.

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Decree be drawn up accordingly.”

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The learned counsel for the petitioner submits that the execution proceeding is barred by law of limitation and thus, objection was filed before the Executing Court. It is submitted that execution proceedings came to be filed after 16 years whereas the limitation under Article 132 of the Limitation Act is of 12 years.

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On the other hand, the learned counsel for the respondent submits that appeal was filed against the decree, which came to be dismissed for want of prosecution on 25.11.2004. However, admittedly, the decree was not stayed by the appellate Court. Thus, prima facie the execution appears to be barred by limitation.

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Prity

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3 / 3 33.wp565.2024

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The learned counsel for respondent submits that he be granted time to examine the issue involved in the present petition. At his request, list the petition on 20.01.2025.

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Till next date, there shall be ad-interim relief in terms of prayer clause (4).

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(N.R. BORKAR, J.)

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Signed by: Mrs. Prity Gabhane Prity Designation: PA To Honourable Judge Date: 20/12/2024 18:52:38

Pralhad S/O Suryabhan Sapkal v. Gajanan S/O Hari Marodkar

Case brief

What is this about?

What did the court decide?

Pralhad S/O Suryabhan Sapkal v. Gajanan S/O Hari Marodkar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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