SMT. AMINA MANZOOR AHMED ANSARI, THR. COA.ASHIQUE AHMED MANZOOR AHMED ANSARIversusSMT. SARWARI SHABBIR AHMED ANSARI AND ORS

Neeta Sawant                                                 909-WP-5672-2019.docx


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                        WRIT PETITION NO. 5672 OF 2019


Smt. Amina Manzoor Ahmed Ansari,                                  ...Petitioner
through          COA.     Ashique    Ahmed
Manzoor Ahmed Ansari
                    : Versus :
Smt. Sarwari Shabbir Ahmed Ansari                                 ...Respondents
& Ors.



Mr. Jamshed Ansari, for the Petitioner.

Mr. Satish Kumbhar, for Respondent Nos.1 and 2.



                                           CORAM:        SANDEEP V. MARNE, J.
                                           DATED:        7 OCTOBER 2026.
P.C.:

1)                The petition challenges order dated 17 January 2019 passed
by the Civil Judge Junior Division, Bhiwandi on application at Exhibit-
73. The Executing Court has allowed the application at Exhibit-73 by
which the Obstructionist/Respondent had sought permission to file the
interrogatories under the provisions of Order XI Rules 1 and 12 and
Sections 30 and 32 of the Civil Procedure Code, 1908 (Code).


2)                I have heard Mr. Ansari, the learned counsel appearing for
the Petitioner and Mr. Kumbhar, the learned counsel appearing for
Respondent Nos.1 and 2.

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                                 Wednesday, 7 October 2026
                        Neeta Sawant                                                 909-WP-5672-2019.docx




                        3)             The     Respondent-Obstructionist           has   presented       its
                        obstruction to execution of the decree. In an enquiry to be conducted
                        under Order 21 Rules 97 and 101 of the Code, the Obstructionist will
                        have to establish his independent right to occupy the property against
                        which the decree is sought to be executed. The burden is on the
                        Obstructionist to prove existence of his independent right to occupy the
                        property. In the present case, the Obstructionist has led evidence. The
                        decreeholder has chosen not to lead evidence. This does not mean that
                        Obstructionist will have a right to file interrogatories and extract
                        information from the decreeholder. The Obstructionist has to stand or
                        fall on its own legs and cannot depend upon information that may be
                        available with the decreeholder. Though an application under Order 21
                        Rule 97 of the Code needs to be decided as if it is a Suit, this does not
                        mean that the Obstructionist proceedings can be taken to ludicrous
                        level of full fledged trial of the suit. In the present case, Obstructionist
                        has led evidence and the Executing Court will decide whether there
                        exists an independent right in favour of the Obstructionist to oppose
                        execution of the decree on property in his occupation.


                        4)             In view of the above discussion, the impugned order is
                        unsustainable.       The Petition accordingly succeeds.          Order dated 17
                        January 2019 is set aside. The execution proceedings shall however be
                        decided by the Executing Court uninfluenced by any                   observations
                        made in the order.


           Digitally
           signed by                                                        [SANDEEP V. MARNE , J.]
           NEETA
NEETA      SHAILESH
SHAILESH   SAWANT
SAWANT     Date:
           2026.10.07
           14:57:15
           +0530


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                                                       Wednesday, 7 October 2026