2000(3) ALL MR 205
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VIJAY DAGA, J.
Balkrishna Narayan Hadkar Vs. Smt. Savitri Mohan Hadkar & Ors.,
Civil Rev. Appln. No. 304 of 1998
4th May, 2000
Petitioner Counsel: A. S. KHANDEPARKAR
Civil P.C. (1908), S.47 - Execution proceedings - Final decree not drawn - Preliminary decree cannot be allowed to be executed - Order quashed. (Para 2)
2. The learned counsel appearing for the applicant contended that no final decree has been passed in the Regular Civil Suit No. 28 of 1989 and what is being executed is the preliminary decree. He further contended that unless the final decree is drawn and the same is put for execution, the preliminary decree cannot be allowed to be executed. The facts are not in dispute. The contention of the applicant is prima-facie correct in view of undisputed fact that no final decree has been drawn and no execution proceeding of final decree has been initiated.
3. Under these circumstances, the impugned order dated 21st October 1997 is set aside. The non-applicant would be at liberty to take out the execution proceedings after the final decree is drawn and can proceed to execute the said decree in accordance with law. Accordingly, the impugned order is quashed and set aside and the revision application is allowed with no order as to costs.
C. C. expedited.