Ramdevi Ready Made Proprietor Satyanarayan Rajayya Gundla v. Swami Samarth Creation Proprietor Sou. Sunita Vikuntham Jadal

28-wp2096-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2096 OF 2023 Ramadevi Ready-made ... Petitioner V/s.

Swami Samarth Creation ... Respondent VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2025.01.20 17:40:37 +0530 Mr. Kalpesh U. Patil for the petitioner.

Mr. Pravin Sabban i/by Dr. Ramdas Sabban for the respondent.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 20, 2025 P.C.:

1.

The executing Court, by the impugned order, has rejected the petitioner's application under Section 47 of the Civil Procedure Code, 1908 on the ground that the objections raised by the petitioner fall beyond purview of Section 47 of the Civil Procedure Code, 1908.

2.

Law in this regard has been settled by the Apex Court in the case of Dhurandhar Prasad Singh vs. Jai Prakash University & Ors. Reported in AIR 2001 SC 2552 , wherein the Apex Court has held that the scope of judicial review in a proceeding under Section 47 of the Civil Procedure Code, 1908 is microscopic. 3.

In view of the said judgment of the Apex Court, the order impugned in the writ petition does not require interference. The writ petition is, therefore, dismissed.

(AMIT BORKAR, J.)