Kalinda Raghunath Waghmare v. Shriram City Union Finance Ltd And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO. 4886 OF 2025 KALINDA RAGHUNATH WAGHMARE ....Petitioner

VERSUS

SHRIRAM CITY UNION FINANCE LTD AND OTHERS .....Respondents Mr. P. P. More, Advocate for the petitioner CORAM : KISHORE C. SANT, J.

DATE : 09th APRIL, 2025 P. C.

1.

Heard.

2.

The petitioner happens to be mother of the judgment debtor against whom award is passed by the Arbitrator and now execution is filed and is pending. In the execution proceeding, the present petitioner filed an application under Order 21 Rule 89 of the Code of Civil Procedure. It is stated in the application that the petitioner is ready to deposit the decreetal amount alongwith interest and prayed for setting aside the sale

(2) certificate issued in favour of the purchaser. Said application came to be rejected on the ground that the petitioner is not person interested in the property.

3.

The learned advocate for the petitioner submits that the petitioner is ready to deposit the entire amount as stated in Order 21 Rule 89 (B).

4.

Considering above, issue notice to the respondents, returnable on 18-06-2025.

5.

The petitioner to deposit entire amount in the office of Executing Court within three weeks from today. 6.

The petitioner shall give necessary undertaking to this court within one week from today.

7.

Subject to above, there shall be ad-interim relief in terms of prayer clause-C.

(3) 8.

In case, there is default on the part of the petitioner, the executing court to proceed with the execution from the stage as on today.

9.

The parties to act upon authenticated copy of this order.

[KISHORE C. SANT, J.] VishalK/911wp4886.25