Shri. Raghunath Vithoba Kolekar v. Vitthal @ Prakash Balvant Suryawanshi Through Paternal Aunt And ORS.

85-wp13699-2018 & 88-13871-2018.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13699 OF 2018 Appasaheb Maruti Rupnar ... Petitioner V/s.

Vitthal Alias Prakash Balvant Suryawanshi, through Paternal Aunt & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2024.12.04 15:39:39 +0530 WITH WRIT PETITION NO.13871 OF 2018 Raghunath Vithoba Kolekar ... Petitioner V/s.

Vitthal Alias Prakash Balvant Suryawanshi, through Paternal Aunt & Ors.

... Respondents Mr. Umesh Mankapure for the petitioner in both the writ petitions.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 4, 2024 P.C.:

1.

In both these writ petitions, challenge is to the order passed by the Executing Court rejecting petitioner's application to implead them as judgment debtors in the execution proceedings. According to the petitioners, they have purchased part of the suit property during the pendency of the suit. The petitioners need not be made party to the execution proceedings since rights of the purchasers

85-wp13699-2018 & 88-13871-2018.doc during pendency of the suit will be governed by the rights of the judgment debtor as per judgment in the case of Silverline Forum Pvt. Ltd. v. Rajiv Trust & Anr., reported in 1998 (3) SCC 723 and Brahmdeo Choudhary v. Rishikesh Prasad Jaiswal reported in 1997

(3) SCC 694.

2.

However, if the petitioner claims independent right in relation to the properties covered by the decree, remedy of the petitioner is somewhere else.

3.

Both the writ petitions accordingly stand disposed of. No costs.

(AMIT BORKAR, J.)