RAHUL TATYABA JAMDAR THR POA TATYABA KRISHNA JAMDAR vs NARAYAN VISHNU NALAWADE

1. This petition is filed by the decree holder to challenge the dismissal of his application for restoration of the execution application. 2. By order dated 30th August 2023, notice for final disposal of the petition was issued. When the petition was taken up for final disposal, learned counsel for the respondent raised a preliminary objection that the petition would not be Page no. 1 of 20 3-wp-10593-2023.doc maintainable as the impugned order is appealable under clause (ja) of Rule 1 of Order XLIII of the Civil Procedure Code, 1908 (‘CPC’). Learned counsel for the respondent relied upon the decision of this court in the case of Dattatraya s/o Raghunath Jog Vs. Radhabai w/o Laxmanrao Ghate 1, to support his submissions. He submitted that the provisions of Rules 105 and 106 of Order XXI of the CPC would apply for the restoration of the execution application. He thus submits that once the execution application is dismissed and a restoration application is filed, the same would be appealable in view of clause (ja) of Rule 1 of Order XLIII of the CPC. He submits that in the decision of Dattatraya Jog, it is held that Rules 105 and 106 of Order XXI of CPC apply for restoration of execu