Mohd Ismail Mohdswaleh v. Haji Nishar Ahmad Shabbir Ahmad And ORS

59-wp6520-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6520 OF 2023 Mohd Ismail Mohd Swaleh ... Petitioner V/s.

Haji Nishar Ahmad Shabbir Ahmad & Ors.

... Respondents Digitally signed by VAIBHAV RAMESH JADHAV Date:

2023.09.05 17:41:31 +0530 VAIBHAV RAMESH JADHAV WITH WRIT PETITION NO.7823 OF 2023 Mohd Ismail Mohd Swaleh ... Petitioner V/s.

Haji Nishar Ahmad Shabbir Ahmad & Ors.

... Respondents Ms. Rukmini Khairnar i/by Mr. Pramod Joshi for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 5, 2023 P.C.:

1.

The order impugned is capable of being challenged in the appeal against the decision in objection proceedings in case the proceeding is decided against the petitioner. Therefore, the provisions of Section 105(1) shall apply to the proceedings under Order 21 Rule 97 of the Civil Procedure Code, 1908. Hence, interference at this stage under Article 227 is uncalled for. 2.

The writ petitions stand dismissed. No costs. (AMIT BORKAR, J.)