Shri. Jaywant Dattopant Patil And ORS v. Menaka Madhav Naik And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7405 OF 2021 Jaywant Dattopant Patil and ors .. Petitioners

Versus

Menaka Madhav Naik and ors .. Respondents ...

Mr.Akshay R. Kapadia for the petitioners.

Mr. Mahendra Agvekar with Mr.S.M. Kelkar and Shradha Chavan for respondent no.2.

CORAM: BHARATI DANGRE, J.

DATED : 22nd NOVEMBER, 2021 P.C:- Petitioner is aggrieved by the order of learned Addl Judge, Small Causes Court, Pune of order dated 25th February 2021 in Darkhast No.81/2013. Application is taken out by the petitioner the judgment debtor under Section 47 of the Civil Procedure Code.

On hearing the decree holder, the point for consideration was determined, as whether the decree in favour of the decree holder is non-executable, and by answering it in negative, Application is rejected.

Learned counsel for the respondent raise a preliminary objection to the maintainability of the writ petition and submit that since the order is passed under Section 47 of the Tilak

2/2 50 WP 7405-21.doc Code of Civil Procedure, an appeal shall lie against the same and is not maintainable. On being confronted with the said position in law, the counsel for the petitioner seek liberty to withdraw the writ petition with liberty to prosecute whatever remedy is available to him in law.

Writ Petition is disposed of as withdrawn.

SMT. BHARATI DANGRE, J Tilak