Petitioner sought directions to the Executing Court to partly execute a decreed suit. The court noted the decree had been stayed by the District Court pending appeal, so partial execution could not be allowed; it offered only to direct time-bound hearing of the appeal. Matter adjourned to 26 July 2024.
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P7. CIVIL WP-8184-2024.docx
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8184 OF 2024
Fayyaj Abdul Rajjak Shaikh .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
CORAM : MILIND N. JADHAV, J. DATE : JULY 19, 2024
P. C.:
1. Not on board. Mentioned. Taken on board.
2. Perused the praecipe dated 07.05.2024.
3. Heard Mr. Suryawanshi, learned Advocate for Petitioner.
4. Present Petition is filed seeking direction from this Court to the
Executing Court to partly implement and execute the decree passed by the Trial Court.
5. It is seen that the original Suit has been decreed in favour of the Plaintiff (Petitioner herein). After the Suit was decreed, Plaintiff has filed Execution proceedings before the Executing Court. However, Defendants being aggrieved with the decree have filed Regular Civil Appeal (RCA) before the learned District Court. Learned District Court by order dated 01.04.2022 which is appended at page Nos. 27-28 of the Petition has stayed the judgment & decree passed in SCS No.
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P7. CIVIL WP-8184-2024.docx
55/2013 till disposal of the Appeal to the extent of delivery of possession and upon condition that Appellants shall give undertaking that they will not alienate the suit property or create third party interest in the property till disposal of the Appeal. Prima facie reading of this order shows that decree of the Trial Court has been stayed by putting an embargo on the Defendants who are the Appellants before the District Court. In such background, Application made by Plaintiff / decree-holder to execute the decree partly cannot be allowed. At the highest, I can direct the learned District Court who is hearing and seized of RCA No. 17/2020 to hear the RCA in a time bound manner and determine the same strictly in accordance with law.
6. Mr. Suryawanshi requests the Court to adjourn the matter so as to enable his Senior Mr. Rokade to come and address the Court. At his request, stand over to 26th July, 2024. To be placed under the caption "First on Board".
Amberkar
Digitally signed RAVINDRA by RAVINDRAMOHAN MOHAN AMBERKAR AMBERKAR Date:2024.07.19 14:16:20 +0530
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1 issue framed by the court
Can the decree-holder execute a decree partly when the District Court has stayed it pending disposal of an appeal?
Fayyaj Abdul Rajjak Shaikh
The State of Maharashtra
Milind N. Jadhav
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
