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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
| Table of Content |
|---|
| 1. challenge to lower court's decisions in appeal. (Para 1 , 2) |
| 2. background facts of the property dispute. (Para 3 , 4) |
| 3. appellant's claims regarding property rights. (Para 5 , 6) |
| 4. court’s requirement for evidence in objections. (Para 7 , 8 , 9) |
| 5. respondent's arguments against the appellant's claims. (Para 10 , 11 , 12) |
| 6. principles of execution law regarding objections. (Para 18 , 20 , 22) |
| 7. court's ruling on evidence and framing of issues. (Para 33 , 36) |
| 8. final order remanding the case. (Para 37) |
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 se
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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