CHANDRASHEKHAR S/O MANOHAR TANKSALE Vs. PANDHARINATH

JUDGEMENT

(1.) The appeal challenges the judgment and order passed by the learned Single Judge in Writ Petition No.176/2011 thereby allowing the writ petition filed by the respondent/tenant herein.

(2.) The facts, in brief, giving rise to the present appeal, are as under :-

(3.) Shri Bhangde, the learned counsel appearing on behalf of the appellant, submits that the Single Judge has grossly erred in allowing the writ petition. The learned counsel submits that the learned Single Judge has not taken into consideration the fact that the order, which is passed by the learned Single Judge, is in fact in the nature of permitting the Executing Court to go beyond the decree, which is not permissible in the execution proceedings. It is submitted that the learned trial Judge has rightly relied on the judgment of this Court in case of Fattechand Murlidhar Shop, Sitabuldi, Nagpur V/s. Shrikrishna Tejmalji Chandak, 1984 AIR(Bom) 428 and rightly held that an objection to the executability of the decree on the ground that the suit filed without taking requisite permission not having raised during the trial, could not have been raised in the execution proceedings for the first time and had rightly rejected the application.