Back
SANDEEP V. MARNE
Momin Zulfikar Kasam – Appellant
Versus
Ajay Balkrishna Durve – Respondent
JUDGMENT
Rule. Rule is made returnable forthwith. With the consent of learned counsel appearing for rival parties, petition is taken up final hearing and disposal.
2. This petition is filed challenging Order dated 6 May 2024 passed by the Appellate Bench of the Small Causes Court at Mumbai allowing the Revision Application filed by Respondent No.1 and setting aside the order dated 23 April 2024 passed by the learned Judge of the Small Causes Court, Mumbai. The Appellate Bench has directed the Executing Court to decide the objection of Respondent No.1/Judgment Debtor about assignment and about maintainability of the execution proceedings filed by the transferee (Petitioner) under Order XXI Rule 16 or Section 146 of the Code of Civil Procedure, 1908 (Code).
3. A quick reference leading to filing of the present petition would be necessary. Flat No. E/4 on ground floor of the building ‘Hoechst Marion Roussel Staff Quarters’ situated at Dargah Road, Opp. Amar Nagar, Mulund Colony, Mulund (West), Mumbai-400 082 are the suit premises. Respondent No.1 was in employment of the Company, M/s. Hoechst Marion Roussel Ltd.’ (Plaintiff) and the suit premises were let out by Plaintiff to Responden
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.
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.
Subsequent purchasers possess the legal right to execute possession decrees under CPC without needing an assignment of the decree.
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 court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
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....
(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....
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
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
