TAHIR V. ISANI Vs. MADAN WAMAN CHODANKAR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal assails the correctness of judgment and order dtd. 25/7/2022, passed by the High Court of Bombay at Goa [Hereinafter, referred to as 'High Court'] in Writ Petition No.86 of 2022, whereby the learned Single Judge allowed the writ petition, and after setting aside the order dtd. 17/9/2021, passed by the Executing Court, allowed the application Ext.D-100 dtd. 22/10/2019, and thereby discontinued the enquiry under Order XXI Rules 97 and 101 of the Code of Civil Procedure, 1908 [In short, "CPC"]. The above impugned order was passed placing reliance upon the provisions contained in Order XXI Rule 102 of the CPC.

(3.) Relevant facts necessary for adjudication of the present appeal are as under: -