Jaykumar Bijaysingh Baid v. Tej Singh Mansingh Baid
Case brief
What is this about?
Bombay High Court Commercial Division order by Abhay Ahuja J.: 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Application No. 58 of 2025 (execution of decree dated 14.10.1996 in terms of award dated 24.06.1995) permitted to be withdrawn after it emerged the decree stood subsumed in Consent Terms/order dated 04.05.2000; liberty granted to file fresh execution application on the Consent Terms order; connected Interim Applications Nos. 32 of 2021 and 3535 of 2025 (maintainability / barred-by-law challenge) disposed; Respondent no.4's four-week statement not to create third party interest in or part with possession of scheduled property accepted amid pending testamentary proceedings before another Bench; heirs of deceased Respondent no.1 already on record since order dated 11.01.2022.
What did the court decide?
Commercial Execution Application No. 58 of 2025 permitted to be withdrawn with liberty to file a fresh Execution Application with respect to the Consent Terms order dated 4th May 2000; connected Interim Applications (Nos. 32 of 2021 and 3535 of 2025) disposed; statement of Respondent no.4 not to create third party interest in or part with possession of the scheduled property for four weeks accepted.