IN THE COUTR OF CIVIL JUDGE JUNIOR DIVISION PUNE AT PUNE
Reg. Darkhast No. / 2010
Ganpat Gangram Warghade
And Others ---------------- D.H.
V/S
Gulab Sonaba Warghade
And Others --------------J.D.
Application on behalf of Shri Jayavant Tirsingh Warghade under Sec. 47 of C.P.C.
The D.H. has filed the present execution proceeding for the execution of the Preliminary decree passed in Reg. Civil Suit No. 39/2007 on 13/7/2009. The said suit was for partition of the suit properties mentioned in the plaint.
The R.C.S. No. 39/2007 was filed against only some of the Co-Parceners and the present objector was not made party to the suit despite the fact that the present objector is a Co-Parcener and hence necessary party to the suit.
It is submitted that the R.C.S. No. 39/07 came to be decreed and a preliminary decree was drown on 13/7/2009. However, since the objector was a necessary party to the suit and since the objector was not joined in the suit , the said decree passed in R.C.S. No. 39/2007 is void-ab-initio and hence not binding on the present objector . Therefore, decree in R.C.S.no. 39/2007 passed on 13/7/09 can not be executed much less against the objector.
It is submitted that the partition of the suit properties, which are the subject matter of the present Darkhast, has been already effected by all the Co-Parceners, including the D.H. and the present objector and accordingly the shares have been mentioned in the revenue record . Since the partition is already effected and D.H.,J.D. as well as the Objector are having their separate possession there is no question of reopening the partition and execution of the decree for partition, passed in R.C.S. No. 39/2007. Thus from this angle also the decree in R.C.S. No. 39/2007 is Void-ab-initio and inexecutable in the eyes of law.
It is settled principle of law that a Void decree cannot be put for execution and cannot be given effect to.
It is also settled position that the Decree cannot be enforced against a person who was not party to the suit , especially when that decree is in respect the rights of the person in the suit property.
The objector got knowledge of the decree and the darkhast recently and hence he is filing the present application immediately.
In the light of above mentioned facts and legal position it is clear that the present decree is not only unenforceable against the Objector but it has become inexecutable.
IT IS THEREFORE PRAYED THAT ,
The Objection of the Objector may kindly be allowed and the present execution petition (Darkhast) may kindly be dismissed with cost as the decree is inexecutable.
Any other just and equitable relief may kindly be granted.
Pune
Date Objector
Adv. For Objector
An affidavit in support is filed herewith
Affidavit
IN THE COUTR OF CIVIL JUDGE JUNIOR DIVISION PUNE AT PUNE
Reg. Darkhast No. / 2010
Ganpat Gangram Warghade
And Others ---------------- D.H.
V/S
Gulab Sonaba Warghade
And Others --------------J.D.
I, Shri Jayavant Tirsingh Warghade, Age:- Adult , Occu.:-Agriculturist R/at:
,do hereby state on solemn affirmation that:-
The D.H. has filed the present execution proceeding for the execution of the Preliminary decree passed in Reg. Civil Suit No. 39/2007 on 13/7/2009. The said suit was for partition of the suit properties mentioned in the plaint.
The R.C.S. No. 39/2007 was filed against only some of the Co-Parceners and the present objector was not made party to the suit despite the fact that the present objector is a Co-Parcener and hence necessary party to the suit.
It is submitted that the R.C.S. No. 39/07 came to be decreed and a preliminary decree was drown on 13/7/2009. However, since the objector was a necessary party to the suit and since the objector was not joined in the suit , the said decree passed in R.C.S. No. 39/2007 is void-ab-initio and hence not binding on the present objector . Therefore, decree in R.C.S.no. 39/2007 passed on 13/7/09 can not be executed much less against the objector.
It is submitted that the partition of the suit properties, which are the subject matter of the present Darkhast, has been already effected by all the Co-Parceners, including the D.H. and the present objector and accordingly the shares have been mentioned in the revenue record . Since the partition is already effected and D.H.,J.D. as well as the Objector are having their separate possession there is no question of reopening the partition and execution of the decree for partition, passed in R.C.S. No. 39/2007. Thus from this angle also the decree in R.C.S. No. 39/2007 is Void-ab-initio and inexecutable in the eyes of law.
It is settled principle of law that a Void decree cannot be put for execution and cannot be given effect to.
It is also settled position that the Decree cannot be enforced against a person who was not party to the suit , especially when that decree is in respect the rights of the person in the suit property.
The objector got knowledge of the decree and the darkhast recently and hence he is filing the present application immediately.
In the light of above mentioned facts and legal position it is clear that the present decree is not only unenforceable against the Objector but it has become inexecutable.
IT IS THEREFORE PRAYED THAT ,
The Objection of the Objector may kindly be allowed and the present execution petition (Darkhast) may kindly be dismissed with cost as the decree is inexecutable.
Any other just and equitable relief may kindly be granted.
whatever stated in the above mentioned para 1 to 6 is true and correct to the best of my knowledge information and belief and so I have signed it as on today at Pune.
Date :
Affiant
I Know The Affiant
visar pavati
civil judge senior division pune
law visar pawati
annuj goel goel ganga development
court of civil judge , pune
court of civil judge senior division
in the court of civil judge, senior division, pune at pune.
is visar pavati legal document
judgement of jmfc court pune in september
khushroo khobyar mumbai
sample for visar pavati
savita ingawale,pune
taba pavti
vilas nandgude patil signature
case on savita ingawale,pune
visar pavati validity
(not provided)
visar pavati
"after the terms and conditions to be"
builder visar pavati
civil judge senior division pune
deed of assignment by way of deed of gift
for property
deed of declaration
deed of gift of immovable property
e-13, konark pooram, 4th floor, kondhwa,
pune contact number
format of deed of gift of immovable
property
haidermota pune
how to draft visar pavati for flat
i want to sell a land in yewalewadi
is there any case of ulc against goel
ganga group
nandgude patil cheater
petition in the court of senior civil judge for
+ declaration of legal heirs
pune civil court senior division
rajendra shitole mob no nandgude patil
foundation’s schools.
sale of agricultural land sathekhat & power
of attorney validity
sr no. 25/2a/1 pimple gurav area
government valuation
vaisaar pavati
vilas nandgude patil+consumer court
visaar pawati marathi
visar pavati
visar pavati in marathi
visar pavati+indian contract act
visar pavti status after due date
visar pawati
visar pawati format for puchasing home
visarpavati
what is visar pavati
indian contract act+visar pavati for sale
meaning and legal status of visar pavati
vaisaar pavati means
visarpavati marathi draft
yewalewadi shamsuddin azimuddin
pansare land
Reg. Darkhast No. / 2010
Ganpat Gangram Warghade
And Others ---------------- D.H.
V/S
Gulab Sonaba Warghade
And Others --------------J.D.
Application on behalf of Shri Jayavant Tirsingh Warghade under Sec. 47 of C.P.C.
The D.H. has filed the present execution proceeding for the execution of the Preliminary decree passed in Reg. Civil Suit No. 39/2007 on 13/7/2009. The said suit was for partition of the suit properties mentioned in the plaint.
The R.C.S. No. 39/2007 was filed against only some of the Co-Parceners and the present objector was not made party to the suit despite the fact that the present objector is a Co-Parcener and hence necessary party to the suit.
It is submitted that the R.C.S. No. 39/07 came to be decreed and a preliminary decree was drown on 13/7/2009. However, since the objector was a necessary party to the suit and since the objector was not joined in the suit , the said decree passed in R.C.S. No. 39/2007 is void-ab-initio and hence not binding on the present objector . Therefore, decree in R.C.S.no. 39/2007 passed on 13/7/09 can not be executed much less against the objector.
It is submitted that the partition of the suit properties, which are the subject matter of the present Darkhast, has been already effected by all the Co-Parceners, including the D.H. and the present objector and accordingly the shares have been mentioned in the revenue record . Since the partition is already effected and D.H.,J.D. as well as the Objector are having their separate possession there is no question of reopening the partition and execution of the decree for partition, passed in R.C.S. No. 39/2007. Thus from this angle also the decree in R.C.S. No. 39/2007 is Void-ab-initio and inexecutable in the eyes of law.
It is settled principle of law that a Void decree cannot be put for execution and cannot be given effect to.
It is also settled position that the Decree cannot be enforced against a person who was not party to the suit , especially when that decree is in respect the rights of the person in the suit property.
The objector got knowledge of the decree and the darkhast recently and hence he is filing the present application immediately.
In the light of above mentioned facts and legal position it is clear that the present decree is not only unenforceable against the Objector but it has become inexecutable.
IT IS THEREFORE PRAYED THAT ,
The Objection of the Objector may kindly be allowed and the present execution petition (Darkhast) may kindly be dismissed with cost as the decree is inexecutable.
Any other just and equitable relief may kindly be granted.
Pune
Date Objector
Adv. For Objector
An affidavit in support is filed herewith
Affidavit
IN THE COUTR OF CIVIL JUDGE JUNIOR DIVISION PUNE AT PUNE
Reg. Darkhast No. / 2010
Ganpat Gangram Warghade
And Others ---------------- D.H.
V/S
Gulab Sonaba Warghade
And Others --------------J.D.
I, Shri Jayavant Tirsingh Warghade, Age:- Adult , Occu.:-Agriculturist R/at:
,do hereby state on solemn affirmation that:-
The D.H. has filed the present execution proceeding for the execution of the Preliminary decree passed in Reg. Civil Suit No. 39/2007 on 13/7/2009. The said suit was for partition of the suit properties mentioned in the plaint.
The R.C.S. No. 39/2007 was filed against only some of the Co-Parceners and the present objector was not made party to the suit despite the fact that the present objector is a Co-Parcener and hence necessary party to the suit.
It is submitted that the R.C.S. No. 39/07 came to be decreed and a preliminary decree was drown on 13/7/2009. However, since the objector was a necessary party to the suit and since the objector was not joined in the suit , the said decree passed in R.C.S. No. 39/2007 is void-ab-initio and hence not binding on the present objector . Therefore, decree in R.C.S.no. 39/2007 passed on 13/7/09 can not be executed much less against the objector.
It is submitted that the partition of the suit properties, which are the subject matter of the present Darkhast, has been already effected by all the Co-Parceners, including the D.H. and the present objector and accordingly the shares have been mentioned in the revenue record . Since the partition is already effected and D.H.,J.D. as well as the Objector are having their separate possession there is no question of reopening the partition and execution of the decree for partition, passed in R.C.S. No. 39/2007. Thus from this angle also the decree in R.C.S. No. 39/2007 is Void-ab-initio and inexecutable in the eyes of law.
It is settled principle of law that a Void decree cannot be put for execution and cannot be given effect to.
It is also settled position that the Decree cannot be enforced against a person who was not party to the suit , especially when that decree is in respect the rights of the person in the suit property.
The objector got knowledge of the decree and the darkhast recently and hence he is filing the present application immediately.
In the light of above mentioned facts and legal position it is clear that the present decree is not only unenforceable against the Objector but it has become inexecutable.
IT IS THEREFORE PRAYED THAT ,
The Objection of the Objector may kindly be allowed and the present execution petition (Darkhast) may kindly be dismissed with cost as the decree is inexecutable.
Any other just and equitable relief may kindly be granted.
whatever stated in the above mentioned para 1 to 6 is true and correct to the best of my knowledge information and belief and so I have signed it as on today at Pune.
Date :
Affiant
I Know The Affiant
visar pavati
civil judge senior division pune
law visar pawati
annuj goel goel ganga development
court of civil judge , pune
court of civil judge senior division
in the court of civil judge, senior division, pune at pune.
is visar pavati legal document
judgement of jmfc court pune in september
khushroo khobyar mumbai
sample for visar pavati
savita ingawale,pune
taba pavti
vilas nandgude patil signature
case on savita ingawale,pune
visar pavati validity
(not provided)
visar pavati
"after the terms and conditions to be"
builder visar pavati
civil judge senior division pune
deed of assignment by way of deed of gift
for property
deed of declaration
deed of gift of immovable property
e-13, konark pooram, 4th floor, kondhwa,
pune contact number
format of deed of gift of immovable
property
haidermota pune
how to draft visar pavati for flat
i want to sell a land in yewalewadi
is there any case of ulc against goel
ganga group
nandgude patil cheater
petition in the court of senior civil judge for
+ declaration of legal heirs
pune civil court senior division
rajendra shitole mob no nandgude patil
foundation’s schools.
sale of agricultural land sathekhat & power
of attorney validity
sr no. 25/2a/1 pimple gurav area
government valuation
vaisaar pavati
vilas nandgude patil+consumer court
visaar pawati marathi
visar pavati
visar pavati in marathi
visar pavati+indian contract act
visar pavti status after due date
visar pawati
visar pawati format for puchasing home
visarpavati
what is visar pavati
indian contract act+visar pavati for sale
meaning and legal status of visar pavati
vaisaar pavati means
visarpavati marathi draft
yewalewadi shamsuddin azimuddin
pansare land
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