Bombay High Court

LOKHANDWALA INFRASTRUCTURE PVT LTDversusWALTER THOMAS QUINNY

Decided: 21 August 2026
Disposal: DISPOSED OFF

Holding

The registration of a Deed of Cancellation extinguishes the cause of action, warranting disposal of the execution application.

Summary

Lokhandwala Infrastructure Pvt. Ltd. filed an execution application against Walter Thomas Quinny. The applicant argued that a Deed of Cancellation had been registered by the Prothonotary & Senior Master on 15 May 2026, extinguishing any enforceable right. Consequently, the applicant contended that there was nothing left to execute and the application should be dismissed. The learned counsel for the applicant, Mr. Anil Rao, reiterated this position before the Court. The Court, after considering the submission, held that the registration of the deed of cancellation indeed nullified the basis of the execution proceeding and ordered the application to be disposed of.

Issues considered

What is the effect of a registered Deed of Cancellation on pending execution proceedings?

Subjects

execution
deed of cancellation
registration
disposal
civil procedure

Judgment

                                                                     3. EXA 1191-25.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION

                                      EXECUTION APPLICATION NO. 1191 OF 2025

                    Lokhandwala Infrastructure Pvt. Ltd.                ...Applicant
                          Vs.
                    Walter Thomas Quinny                                ...Respondent

                    Mr. Anil Rao with Mr. Deu Mistry i/b Yna Legal LLP for the Applicant.

                                           CORAM     :     ABHAY AHUJA, J.
                                           DATE      :     21st AUGUST, 2026

                    P.C. :


                    1.       Mr. Rao, learned Counsel appears for the Execution Applicant

                    and submits that since the Deed of Cancellation has already been

                    registered by the Prothonotary & Senior Master on 15 th May, 2026,

                    nothing survives in this Execution Application and that the Execution

                    Application be disposed of.

                    2.       The Execution Application to accordingly stand disposed of.




                                                                        (ABHAY AHUJA, J.)




       Digitally
       signed by
       NIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
       2026.08.21
       20:18:37     Nikita Gadgil                                                  1/1
       +0530

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