2025D:iBgitaHllyC-AS:36638

signed by

VARSHA VARSHA VIJAY

VIJAY RAJGURU

Date:

RAJGURU 2025.08.26

14:46:51

+0530

3-wp-10593-2023.doc

varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 10593 OF 2023

Rahul Tatyaba Jamdar

R/o-Nawadi, Tal: Patan, District: Satara.

Through his Power of Attorney Holder

Tatyaba Krishna Jamdar

… Petitioner

r/o. Nawadi, Taluka Patan, District: Satara

vs.

Narayan Vishnu Nalawade

R/o. Nawadi, Tal: Patan, District Satara. … Respondent

Mr. Manoj Patil a/w. Mr. Shubham Dhenge for Petitioner

Mr. Rahul Soman a/w. Mr. Suyash More for the Respondent.

CORAM : GAURI GODSE, J.

DATED : 6th AUGUST 2025

JUDGMENT:

1. This petition is filed by the decree holder to challenge the dismissal of his application for restoration of the execution

application.

2. By order dated 30^th August 2023, notice for final disposal of the petition was issued. When the petition was taken up for final disposal, learned counsel for the respondent raised a preliminary objection that the petition would not be

maintainable as the impugned order is appealable under clause (ja) of Rule 1 of Order XLIII of the Civil Procedure Code, 1908 (‘CPC’). Learned counsel for the respondent relied