SHIVPRASAD B KAKODKARNAIK Vs. ALKA S NAYAK

JUDGEMENT

(1.) Rule made returnable forthwith. Mr. Mulgaonkar, the learned Counsel for the respondent, waives service. Heard finally by consent of parties.

(2.) This petition can be disposed of on a short count. The petitioners, who are the judgment debtors are challenging the order dated 11.10.2018, passed by the Executing Court, thereby directing execution of the sale deed, in favour of the decree holder.

(3.) Order XXI Rule 34 of CPC provides for decree for execution or for endorsement of negotiable instrument etc. in terms of provisions of Order XXI, Rule 34 of CPC. The Executing Court upon obtaining the draft of the document from the decree holder, is required to serve the said draft on the judgment debtor, together with a notice, requiring his objections, if any, within such time as the Court fixes in this behalf. In a case where the judgment debtor objects to the draft, the Executing Court has to decide the objection and then pass appropriate orders, approving or altering the draft as it thinks fit.