1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. APPEAL FROM ORDER NO.: 55 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. APPEAL FROM ORDER NO.55 OF 2011 *** MANIK MOTIRAM DALWALE VERSUS SUHAS VASANTRAO JAWADEKAR AND ORS ... Deshmukh Sunil P., Advocate for Petitioner. Mr. Brahme Shailesh P. Adv For R 1 Mr. Shah Subodh P. Adv For Respondent No.10. ... 1. Heard learned counsel for the Appellant. 2. Admit, on following substantive questions of law: (i) Has not the learned District Judge failed to appreciate that respondent No.`0 is not and cannot be obstructionist under the scheme of relevant rules appearing under Order XXI of Code of Civil Procedure, particularly Rules 97, 98, 101, 102 and 103? (ii) Has not the Court below committed grave error in not at all appreciating that the factual concatenation during the litigation clearly points out that the application filed by Respondent No.10 is not at all tenable and is inherently 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. APPEAL FROM ORDER NO.: 55 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. mischievous one clearly intended to protract and procrastinate delivery of possession to the Appellant? (iii) Has not the learned Judge failed to appreciate that in the decree being executed, the rights of the parties to the suit including the rights of the persons, from whom respondent No.10 derives and source of her rights, have been decided inasmuch as respondent No.10 has no right to property independent and in isolation of the defendants in the suit. The Court has committee grave error in perfunctorily going about the matter and observing that there has been non compliance of mandate of law by executing court. Said observations cannot be sustained for the same in fact apply on all fours to decision by the learned District Judge - 2 himself? (iv) Has not the learned Judge failed to appreciate the intent, purport, purpose, focus, object etc. underlying the provisions of Rule 102 of Order XXI of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. APPEAL FROM ORDER NO.: 55 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. Code of Civil Procedure specifically excluding the resistance or obstruction to execution of decree for possession of immovable property by transferee pendent- a-lite after institution of suit?" 3. Hearing of A.O. is expedited. 4. A. O. to be heard peremptorily in first week of January, 2012. 5. Learned counsel appearing for respective respondents waive service on notice, on admission. 6. Till final disposal of A.O., interim relief to continue. 7. In view of above, civil application No. 4677 of 2011 in A.O. No.55 of 2011 stands disposed of. [S. S. SHINDE, J.] Dated:29/09/2011. ans/55