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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
HON'BLE SHRI JUSTICE ABHAY J. MANTRI
Navneet S/o Ramchandra Totla – Appellant
Versus
Patil Patwari Saray Sansthan, A Registered Public Trust – Respondent
JUDGMENT :
Heard. RULE. Heard finally with the consent of the learned Counsel for the parties.
2. The petitioner is aggrieved by the order dated 18-04-2019 passed by the learned Civil Judge, Junior Division (for short- “CJJD”) Morshi, below Exhibits 42 and 55 in RD. No. 47/2013, thereby rejecting the objection (Exhibit No.42), and the application for appointment of the commissioner (Exhibit No.55) filed by the petitioner has preferred this petition.
3. In brief, the facts are as under:
(a) The respondent/original plaintiff filed suit against the tenant, Devidas Sheshrao Umale, for recovery of possession of the suit plot and arrears of rent. The suit was proceeded ex parte, and accordingly, on01-01-2013, ex parte decree was passed.
(b) Pursuant to the decree, the respondent had filed execution proceedings before the learned Trial Court. During the pendency of the said execution proceedings, on 23-12-2016, the petitioner/objector moved an application under Section 47 of the Civil Procedure Code (for short, “CPC”), thereby seeking the relief to quash and set aside the ex parte decree passed on 01-01-2013 in Regular Civil Suit No.74/2012 as well as declare that the said ex parte decree was
A third party not involved in the original suit lacks standing to object to the execution of a decree under Section 47 of the Civil Procedure Code.
Petitioner was having tenancy rights and accordingly, he raised objection before the Executing Court to decide his right of tenancy, therefore, it is necessary for him to produce certain documentary ....
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
The main legal point established in the judgment is the requirement for the appellant to substantiate his claim of independent tenancy rights under Order 21 Rule 97 of the Code of Civil Procedure, 19....
Stranger claiming unlawful possession via tenant's oral sale promise lacks locus to obstruct eviction decree execution; suppression of facts and false pleadings abuse process, warranting dismissal wi....
The executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
The Execution Court's rejection of a petition under Section 47 of the CPC was justified due to the petitioners' inconsistent claims over property ownership and tenancy, indicating a deliberate attemp....
Subsequent purchasers possess the legal right to execute possession decrees under CPC without needing an assignment of the decree.
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