CENTRAL BANK OF INDIA v. SANOBAR AZAM ALI KHAN AND ANR
WP/12011/2026 · 2026-09-18
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9058 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9058 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Diksha Rane 10 WP 12011 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12011/2026 CENTRAL BANK OF INDIA ..PETITIONER VS SANOBAR AZAM ALI KHAN & ANR ..RESPONDENTS Adv. Sameer Tendulkar for petitioner.
CORAM : ARUN R. PEDNEKER, J. DATE : 18th SEPTEMBER, 2026. Per Court :
1. Heard learned counsel appearing for the petitioner.
2. By the present petition, the petitioner challenging the order passed by the Executing Court in a Review Application in execution proceedings.
3.
Learned counsel appearing for the petitioner submits that certain amounts were paid of rent for the period between 1st April, 2001 to 31st August, 2004, amounting to Rs.17,79,345.50 were not taken into consideration and ought to have been adjusted while passing the decree of mesne profits. The decree is passed after considering of the evidence on record and the petitioner obviously ought to have placed all the materials before passing of the decree.
18th SEPTEMBER, 2026 2026:BHC-AS:38272
Diksha Rane 10 WP 12011 2026.docx
The decree is challenged uptil the Appellate Court and thereafter, till this Court.
4. At the stage of execution, the application has been filed to deduct certain amounts from the decreetal amount. The Executing Court cannot travel beyond the decree and that the awarded amount in the decree cannot be altered by the Executing Court and that too in the Review Application.
5. In the instant case, considering the scope of review, the Appellate Court has maintained the order of the Executing Court. I see no error in the order of the Appellate Court. Considering the nature and scope of the Review Application and also considering that the decree has attained finality, no case is made out to interfere with the impugned order.
6. The present petition stands rejected.
[ ARUN R. PEDNEKER, J.] 18th SEPTEMBER, 2026 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 19/09/2026 17:17:41