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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
R.M.JOSHI
Syed Shafiyoddin S/o Syed Bashiroddin – Appellant
Versus
Syed Taheroddin S/o Syed Gaus Modiyoddin – Respondent
| Table of Content |
|---|
| 1. petitioner's background and context of the suit (Para 3 , 5 , 7) |
| 2. arguments against the jurisdiction of the trial court (Para 8 , 10 , 11) |
| 3. jurisdictional principles in execution proceedings (Para 9 , 14 , 24) |
| 4. conditions for raising jurisdictional objections (Para 12 , 19 , 21) |
| 5. conclusion on the validity of the trial court's decree (Para 13 , 22 , 26) |
JUDGMENT :
R.M. JOSHI, J.
1. Rule. Rule made returnable forthwith.
2. By consent of parties, heard finally at admission stage.
3. Petitioner is original Defendant in Regular Civil Suit No. 157/2013 and Judgment Debtor in Regular Darkhast No. 2/2020. Being aggrieved by order passed below Exhibit 1 in the said Darkhast on 06.09.2022, holding that the Execution Court has jurisdiction to entertain the execution application, Petitioner has preferred this petition.
4. In order to appreciate the contentions sought to be raised before this Court, it would be relevant to consider the backdrop in which the impugned order came to be passed.
5. Respondent Syed Taheroddin filed suit bearing Regular Civil Suit No. 157/2013 against Syed Shafiyoddin and Syed Naimoddin along with State of Maharashtra and other state authorities for s
A Judgment Debtor may raise jurisdictional objections against a decree in execution proceedings only if such objections are apparent on the record, not requiring examination of facts. An erroneous ex....
The executing court is bound by the decree's terms and cannot entertain objections that do not pertain to jurisdiction, even if the decree is allegedly erroneous.
(1) Failure to present written statement – Court is not supposed to pass a mechanical judgment invoking Rule 10 of Order VIII, CPC merely on the basis of plaint, upon failure of a defendant to file a....
The reviewing court had jurisdiction to review the order, and the Petitioner, as a third party being a transferee during the pendency of the civil suit, cannot claim better rights than the defendants....
(1) Objection to execution of decree – If obstructor admits that he is a transferee pendente lite it is not necessary to determine a question raised by him that he was unaware of litigation when he p....
The main legal point established in the judgment is the limitation of a decree of permanent injunction, its execution by subsequent purchasers, and the significance of a declaratory decree of title.
Execution petitions for awards must be filed in the jurisdiction where the property is located, as enforced under the Arbitration and Conciliation Act and Civil Procedure Code.
Objection to execution of decree must be raised at appropriate stage.
The transferee of property can execute a decree without a separate assignment of the decree as per the amended provisions of the Code of Civil Procedure, 1908.
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