JUDGMENT - 1. One Khanderao Yeshwantrao Chandrachud (hereinafter referred to as Khanderao) filed Special Suit No. 39 of 1945 in the Court of the Civil Judge (Senior Division) at Ahmed-nagar against Shri Laxminarayan Devasthan, Poona, and its managers for a declaration that the properties mentioned in para. 1 of the plaint were Saranjam properties belonging to the plaintiff--Khanderao-- and the same were not liable to be sold in execution of the decree in Suit No. 21 of 1933. Suit No. 39 of 1945 was dismissed by the Civil Judge with costs on February 18, 1947. Shri Laxminarayan Devasthan, Poona, thereafter filed Darkhast No. 43 of 1947 for enforcement of the decree for costs against Khanderao, and certain properties belonging to the latter were attached and sold. The sale was confirmed and the sale proceeds were received by the Court.

In the meanwhile one Gokuldas Umedram who had filed Special Suit No. 1502 of 1933 in the Court of the Subordinate Judge at Poona against Sada-shivrao and Yeshwantrao, uncle and father respectively of Khanderao, and had obtained a money decree against them, applied to execute that decree by Darkhast No. 70 of 1945 in the Court of the Civil Judge (Senior

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