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Bombay High CourtCPM/37/2017disposed of

Antonio J. B. Lobo., v. Anish Prabhudessai And 4 ORS.,

2018-11-27Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice Prithviraj K. Chavan1 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION (MAIN) NO. 37 OF 2017 ANTONIO J. B. LOBO., ... Petitioner

Versus

ANISH PRABHUDESSAI AND 4 ORS., ... Respondents Mr. Ryan Da Piedade Menezes, Advocate for the petitioner. Coram:- R. M. BORDE & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 27th November 2018 P.C.

In view of the Section 47 of the Civil Procedure Code since the questions arising between the parties to the suit are relating to the execution of the decree, the proper remedy for the petitioner is to approach the executing Court for redressal of the grievance raised in the petition. The objections raised in the instant case are specifically kept open for consideration by the Court executing the decree. Keeping the option open for the petitioner to pursue the alternate remedy of raising the contentions before the executing Court, the writ petition is disposed of.

PRITHVIRAJ K. CHAVAN, J.

R. M. BORDE, J.

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