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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ARUN R. PEDNEKER
Kamal W/o Vishwanath Jadhav – Appellant
Versus
Challani Ginning and Pressing Factory – Respondent
JUDGMENT :
ARUN R. PEDNEKER, J.
1) By the present second appeal, the appellant/original objector challenges the judgment and decree dated 11.09.2025 passed by the first appellate Court in R.C.A. No. 116/2025, confirming the judgment and order dated 9.5.2025 passed by the Executing Court in Special Darkhast No. 32/2017. The appellant/objection petitioner’s objection petition at Exh. 210 and an interim application for framing issues at Exh. 233 in Special Darkhast No. 32/2017 are dismissed by the Executing Court vide common judgment and order dated 9.5.2025.
2) The learned counsel for the appellant submits that following substantial questions of law arise in the present second appeal.
(1) Whether both the Courts below failed to appreciate the true intent, import and scope of Rule 97 of Order 21 of CPC, while rejecting Objection Petition/Application of the Appellant :
i) Holding that it is filed in collusion with JD-1 Narendra to frustrate and defeat the decree being frivolous, not bona fide and with intent to prolong the execution proceedings.
ii) Without going into the issue of right, title and interest of the Appellant more particularly when the Appellant claims proprietary right and sha
The burden of proving property as joint family lies with the party asserting it, and executing courts must allow opportunity for evidence in objections regarding property ownership during execution p....
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 objections raised by third parties in execution proceedings must fall within the scope of the proceedings under Order 21 Rules 97 to 103 of the CPC and cannot be decided in execution proceedings ....
Execution proceedings should be conducted expeditiously, and objections should be disposed of promptly to prevent unwanted litigation. Setting aside an auction sale requires establishing a connection....
Rule 97 read with Rule 101 of Order 21 post amendment wherein the executing court has to determine under Rule 101 Order 21 of the Code that the question raised has legally arisen between the parties ....
The main legal point established in the judgment is the interpretation of the provisions of Order 21 Rule 58 and Order 21 Rule 97 of CPC, emphasizing the maintainability of a claim petition after com....
Auction purchasers can seek possession under Order 21 Rule 95 CPC, as they inherit the rights of the original auction purchaser, emphasizing the legal right to possession as integral to property sale....
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