Supreme Court - Daily Orders
Rupa Jitendra Deshprabhu vs Vasudev Rajendra Deshprabhu on 27 August, 2024
Bench: Dipankar Datta, Prashant Kumar Mishra
ITEM NO.33 COURT NO.17 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.19083/2024
(Arising out of impugned final judgment and order dated 10-07-2024
in WP No.476/2024 passed by the High Court of Judicature at Bombay
at Goa)
RUPA JITENDRA DESHPRABHU Petitioner
VERSUS
VASUDEV RAJENDRA DESHPRABHU & ORS. Respondents
(with I.A. No.184460/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT )
Date : 27-08-2024 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPANKAR DATTA
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Balbir Singh, Sr. Adv.
Mr. Siddharth Praveen Acharya, AOR
Ms. Ankeeta Appanna, Adv.
Ms. Madhura Chitnis, Adv.
Mr. Naman Tandon, Adv.
Ms. Shivali Shah, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1. The impugned judgment and order of the High Court has dismissed an application for intervention of the petitioner filed in execution proceedings.
2. Signature Not Verified It is not in dispute that during the pendency of the intervention Digitally signed by application, the petitioner had also applied under Section 47 of the Code rashmi dhyani pant Date: 2024.08.28 19:20:29 IST Reason:
of Civil Procedure, 1908 and that such application has been dismissed 1 by an order of the executing Court dated 24th April, 2024.
3. We are of the view that the remedy pursued by the petitioner under Section 47 of the Code should have been taken to its logical conclusion on merits instead of dismissing the application on the ground that an intervention application was also pending.
4. Be that as it may, we leave the petitioner free to pursue his remedy in accordance with law by questioning the order dismissing the application under Section 47 before the appropriate Court.
5. With such observation, the special leave petition is dismissed.
6. Pending application(s), if any, shall stand disposed of.
(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA)
COURT MASTER (SH) COURT MASTER (NSH)
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