R.B.DEO
Jitendra Diwanchand Bhutani – Appellant
Versus
Krishnakumari Ruplal Bhutani – Respondent
ORDER :
R.B. Deo, J.
1. Heard Shri. Shyam Dewani, the learned counsel for the petitioners, Shri. R.L. Khapre, the learned counsel for respondents 1 to 6 and Shri. Sudhanshu Joshi, the learned counsel for respondents 17 to 19.
2. Petitioner Shri. Jitendra Diwanchand Bhutani, who is admittedly a judgment-debtor, preferred an application Exhibit-93 in Regular Darkhast 487/2006, the prayer clause of which reads thus:
a) Order for executing the decree passed in the matter firstly against the properties mention in para 5 of the application, which are admittedly belonging to the original partners and in respect of one of the property, an order of injunction was passed in the matter, in the peculiar facts and circumstances of the case and in the interest of justice:
b) grant any other relief as may be deemed, fit and proper in the circumstances and interest on justice may require.
3. Vide the order impugned dated 16.08.2017 the Executing Court rejected the application Exhibit-93.
4. Being aggrieved, the judgment-debtor is invoking this court writ jurisdiction.
5. The litigation as a checkered and tortuous history. Not su
Ashutosh v. State of Rajasthan and others (2005) 7 SCC 308: (AIR 2005 SC 3434)
Dena Bank v. Bhikhabhai Prabhudas Parekh & Co. AIR 2000 SC 3654)
ITO (III) v. Arunagiri Chettiar AIR 1996 SC 2160)
State Bank of India v. M/s. Indexport Registered and others (1992) 3 SCC 159: (AIR 1992 SC 1740)
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