Bijaysingh Mansingh Baid and 6 Ors. v. Mansingh Hanutma Baid (Since Deceased) and 4 Ors.
Case brief
What is this about?
Bombay HC Commercial Division, Abhay Ahuja J (order digitally signed 06.01.2026): Commercial Execution Application No.58 of 2025 (execution of decree dated 14.10.1996 in terms of award dated 24.06.1995) permitted to be withdrawn with liberty to file fresh execution application with respect to Consent Terms / order dated 04.05.2000; maintainability challenge (IA No.3535 of 2025) and connected IA No.32 of 2021 disposed; heirs of deceased Respondent no.1 already on record per order dated 11.01.2022; Respondent no.4 (Jaykumar Bijaysingh Baid) and family not to create third party interest in or part with possession of scheduled property for four weeks; testamentary proceedings pending before another Bench.
What did the court decide?
Withdrawal of Commercial Execution Application No.58 of 2025 permitted with liberty to file an Execution Application with respect to the Consent Terms / order dated 4th May 2000; connected Interim Applications No.32 of 2021 and No.3535 of 2025 stand disposed; statement of Respondent no.4 and his family members not to create any third party interest in or part with possession of the scheduled property for four weeks accepted.