1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.753 OF 2008 PETITION NO.753 OF 2008 PETITION NO.753 OF 2008 Shri Shri Shri Eknath Rangnath Bhapkar & anr..Petitioners Eknath Rangnath Bhapkar & anr..Petitioners Eknath Rangnath Bhapkar & anr..Petitioners vs vs vs Shri Shri Shri Hanmant Rangnath Bhapkar & ors. Respondents Hanmant Rangnath Bhapkar & ors. Respondents Hanmant Rangnath Bhapkar & ors. Respondents Mr.V.V.Jadhav Mr.V.V.Jadhav Mr.V.V.Jadhav for Petitioners for Petitioners for Petitioners Mr.Rajesh Mr.Rajesh Mr.Rajesh More for Respondents More for Respondents More for Respondents CORAM CORAM CORAM : S.C.Dharmadhikari, J : S.C.Dharmadhikari, J : S.C.Dharmadhikari, J DATED DATED DATED : 7th February, 2008 : 7th February, 2008 : 7th February, 2008 P.C. P.C. P.C. 1. 1. 1. The order under challenge in this petition is The order under challenge in this petition is The order under challenge in this petition is on on on an application which the petitioners-decree an application which the petitioners-decree an application which the petitioners-decree holders holders holders has filed claiming to be one under Order 21 has filed claiming to be one under Order 21 has filed claiming to be one under Order 21 Rule Rule Rule 32 read with section 151 of the Code of Civil 32 read with section 151 of the Code of Civil 32 read with section 151 of the Code of Civil Procedure. Procedure. Procedure. The decree holder’s prayer is that the The decree holder’s prayer is that the The decree holder’s prayer is that the judgment judgment judgment debtor have committed breach of the order debtor have committed breach of the order debtor have committed breach of the order of of of the Court and commenced construction of house the Court and commenced construction of house the Court and commenced construction of house and and and therefore, Police Aid may be granted to therefore, Police Aid may be granted to therefore, Police Aid may be granted to restrain restrain restrain them from constructing and that they be them from constructing and that they be them from constructing and that they be detained detained detained in civil prison so also their property be in civil prison so also their property be in civil prison so also their property be attached. attached. attached. 2. 2. 2. By the impugned order it is held that for any By the impugned order it is held that for any By the impugned order it is held that for any reliefs reliefs reliefs that the decree holders that the decree holders that the decree holders are seeking, this are seeking, this are seeking, this application application application is not a remedy. The decree holder has is not a remedy. The decree holder has is not a remedy. The decree holder has not not not moved under Order 39 Rule 2A of the Code of moved under Order 39 Rule 2A of the Code of moved under Order 39 Rule 2A of the Code of Civil Civil Civil Procedure nor according to the Executing Procedure nor according to the Executing Procedure nor according to the Executing Court Court Court he has claimed any injunction. he has claimed any injunction. he has claimed any injunction. 3. 3. 3. In the light of these state of affairs, the In the light of these state of affairs, the In the light of these state of affairs, the 2 prayer prayer prayer of the decree holders before me is that of the decree holders before me is that of the decree holders before me is that liberty liberty liberty be granted to initiate appropriate be granted to initiate appropriate be granted to initiate appropriate proceedings proceedings proceedings so as to claim the reliefs sought for so as to claim the reliefs sought for so as to claim the reliefs sought for from from from the Executing Court and until such a remedy is the Executing Court and until such a remedy is the Executing Court and until such a remedy is availed availed availed of, the judgment debtors may not be of, the judgment debtors may not be of, the judgment debtors may not be permitted permitted permitted to carry on any construction. to carry on any construction. to carry on any construction. 4. 4. 4. When the matter was placed yesterday, time was When the matter was placed yesterday, time was When the matter was placed yesterday, time was sought sought sought by Mr.More to take instructions. He makes a by Mr.More to take instructions. He makes a by Mr.More to take instructions. He makes a statement statement statement that presently construction work at site that presently construction work at site that presently construction work at site has has has been stopped. In such circumstances, in my been stopped. In such circumstances, in my been stopped. In such circumstances, in my view, view, view, this Writ Petition can be disposed of by this Writ Petition can be disposed of by this Writ Petition can be disposed of by granting granting granting liberty to the petitioners to initiate liberty to the petitioners to initiate liberty to the petitioners to initiate appropriate appropriate appropriate proceedings and claim all reliefs as proceedings and claim all reliefs as proceedings and claim all reliefs as are are are permissible in law including the one claimed in permissible in law including the one claimed in permissible in law including the one claimed in Application Application Application Exhibit A and no observations of the Exhibit A and no observations of the Exhibit A and no observations of the learned learned learned Judge in so far as executablility or Judge in so far as executablility or Judge in so far as executablility or enforceablity enforceablity enforceablity of the decree or on the of the decree or on the of the decree or on the maintainability maintainability maintainability shall constitute a bar or prevent shall constitute a bar or prevent shall constitute a bar or prevent the the the petitioners from availing of that remedy. To petitioners from availing of that remedy. To petitioners from availing of that remedy. To enable enable enable the petitioners to avail such a remedy, it the petitioners to avail such a remedy, it the petitioners to avail such a remedy, it is is is directed that the Judgment debtor shall maintain directed that the Judgment debtor shall maintain directed that the Judgment debtor shall maintain status status status quo as of today at site for a period of two quo as of today at site for a period of two quo as of today at site for a period of two weeks weeks weeks from today. Petition is disposed of from today. Petition is disposed of from today. Petition is disposed of accordingly. accordingly. accordingly. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J) 3