Back
BHARAT P. DESHPANDE
Lawrance Pereira – Appellant
Versus
Kay Jay Constructions Co. Pvt. Ltd. – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.
2. Both these Petitions are taken up together for arguments and disposal with the consent of the parties since the same are connected.
3. Heard learned Counsel Mr. Abhijeet Gosavi appearing with Mr. Amay Phadte, Mr. Guruprasad Naik and Mr. Austin D'Souza for the Petitioners, Mr. Jatin Ramaiya with Mr. Omkar Thakur for Respondent No. 1 and Mr. Kapil Kerkar for Respondent Nos. 2 and 3, in both these Petitions.
4. Writ Petition No. 611 of 2023 is filed challenging the order passed by the learned Executing Court dated 06.09.2023 thereby refusing to stay the execution proceedings.
5. The Petitioners are the Objectors in Special Execution Application No. 13/2017/B, who filed an Application under Order XXI, Rule 97, 99 and 101 of CPC thereby claiming that the Petitioners have right, title and interest in the suit property as Mundkars and since a Petition is filed for declaration of Mundkar before the Mamlatdar, the execution be stayed.
6. In order to understand the matter, it is necessary to disclose a few facts. A property exists in the village Calan
Claims of mundkarship must be substantiated and cannot delay execution proceedings if not directly related.
Sufficient cause for delay excusing late appeal can challenge decisions in eviction matters; jurisdictional errors in previous rulings warranted reinstatement of appeal.
(1) To avoid controversies and multiple issues of a very vexed question emanating from the rights claimed by third parties, Court must play an active role in deciding all such related issues to the ....
A party must file for partition in disputes over joint family property, and the granting of interim relief is justified if it prevents irreparable harm.
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
The main legal point established in the judgment is the importance of timely and appropriate legal actions, the rejection of subsequent applications due to principles of res judicata, and the critici....
The court affirmed that mere interest in property does not grant standing to object in execution proceedings if title has been conclusively determined.
The main legal point established in the judgment is that the objections raised by the JDrs. regarding the executability of the decree, including issues of limitation, maintainability, and subsequent ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
