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PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Vikram Bhalchandra Ghongade – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
ATUL S. CHANDURKAR, J.
1. Application seeking permission to appear and argue in- person is allowed.
2. Leave granted.
3. The appellant, who is the legal heir of the original plaintiffs, seeks to execute the decree passed by the trial Court in favour of the original plaintiffs. The executing Court has, however, refused to permit execution of the decree passed by the trial Court on the ground that the appeal preferred by the defendant Nos. 4 and 5 could not be stated to have abated notwithstanding the death of defendant Nos. 4 and 5 prior to hearing of the first appeal. The said appeal having been decided on merits and the decree passed by the trial Court having been modified, the decree passed by the trial Court could not have been executed.
4. The facts lie in a narrow compass. It is the case of the appellant that his predecessor- Mr. Arjunrao Thakre was allotted agricultural land from Survey Nos.106 and 107/1 situated at Village Takarkheda, Taluka Arvi, District Wardha, Maharashtra being an Ex-Army Serviceman. After his death, it was alleged that the said land was re-allotted by the Collector, Wardha to the defendant Nos.3 to 5. The legal heirs of late Mr. Arjunrao Thakre fi
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