1958 Supreme(Bom) 46
J.C.SHAH
Krishnaji Pandharinath – Appellant
Versus
Anusayabai and another – Respondent
JUDGMENT: This is an appeal from an order in an execution proceeding. The appellant Krishnaji Bhalwankar is a purchaser of a house standing on, C. T. S. No. 985, of Pandharpur from one Sidram Damodar Gulbile by sale deed dated 17-7-1952. Anusayabai the 1st respondent to this appeal, filed suit No. 174 of 1952 in the Court of the Civil Judge. Junior Division, at Pandharpur against her husband Sidram Damodar Gulbile for a decree for maintenance. By her plaint Anusayabai claimed charge for future maintenance and for arrears of maintenance on the property described in paragraph 1 of the plaint, i. e. house standing on C. T. S. No. 985 of Pandharpur. This suit was filed on 14-2-1950. On 15-7-1952 the suit was dismissed for non-payment of process fee. On 17-7-1952 Sidram sold the property for Rs. 8,000/- to the appellant Krishnaji Bhalwankar. On 29-7-1952 Anasuyabai applied for restoration of the suit and the suit was ordered to be restored. On 20-9-1952 a decree exparte was passed against the defendant Sidram. By that decree the plaintiff Anasuyabai was awarded maintenance at the rate of Rs. 20/-per month from the date of the suit and Rs. 560/-as arrears of maintenance. The defendant wa
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