ANAND GANPAT PARAB AND ORS Vs. LAXMAN SHIVA PARAB, S/O SIVA PARAB AND ORS
HIGH COURT OF BOMBAY
Anand Ganpat Parab And Ors
Laxman Shiva Parab, S/O Siva Parab And Ors
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(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
(2.) The objections raised by learned Counsel for the petitioners give rise to two questions: one, whether in the execution proceeding, the executing Court has jurisdiction to pass an order in the nature of temporary injunction invoking provision of Section 151 of C.P.C. and second whether the executing Court while serving notice of the application filed under Section 51 of C.P.C. to the petitioners ought to have served the notice of main execution proceeding and without serving the notice of main execution proceeding, ought not to have proceeded with passing of any order under Section 151 of C.P.C.
(3.) These objections can also be taken before the Executing Court as the order impugned herein is not the final order. Therefore if a direction is issued to the executing Court to hear and consider the above referred objections while disposing of the application (Exhibit-6) should suffice the purposes of this petition.;
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