Vijay S. Padwal v. Mahalaxmi Mahila Urban Credit Co Operative Society And ANR

9-wp-13029-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13029 OF 2023 Vijay S. Padwal ... Petitioner V/s.

Mahalaxmi Mahila Urban Credit Cooperative Society & Anr ... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2023.10.23 16:54:58 +0530 Mr. Suryajeet P. Chavan, for petitioner.

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 23, 2023 P.C.:

1.

Third party who objected for appointment of his property is challenging order passed by Executing Court rejecting his objection under Order 21, Rule 58 of the Code of Civil Procedure, 1908. 2.

It is undisputed that the petitioner is purchaser of property in dispute during pendency of suit. If this be so, he claims through the judgment debtor. The decree passed against the judgment debtor is equally binding on the transferree pendente lite. Hence, Executing Court has rightly rejected the objection. 3.

The writ petition is, therefore, dismissed. No costs, [ (AMIT BORKAR, J.)