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1961 Supreme(Bom) 62

D.V.PATEL, N.L.ABHYANKAR
Dattatraya Baliram Naik and Ors. – Appellant
Versus
Rambhabai – Respondent


JUDGMENT - Patel, J.

(1) This is an appeal by the Plaintiffs, whose suit for possession, is dismissed by the Civil of property which was purchased in an execution providing. A few facts, out of which the appeal arises need be stated. The father of Plaintiffs Nos. 1,2 and 3 by name one Baliram Narayan Naik and a coparcener of his, filed a Suit No. 63 of 1924 in the Court of Jalgaon against one Sakharam alias Daulat Ramji Patil and Bhika Ganpat Chaudhari for the recovery of their dues on a Pro-note. Daulat was the son of Keshav and was adopted by his uncle Ramji. The family, however, apparently continued as before, On 24th March, 1924, the Plaintiffs obtained an attachment before judgment and actually levied the attachment. A decree ( Exhibit 227 ) was passed in that suit on 9th July, 1924. By the terms of the decree the attachment before judgment was continued, During the course of years several Darkhasts were filed for execution of the decree. The first Darkhast No. 830 of 1924, was filed on 25th September, 1924. The judgment-debtor paid a sum of Rs. 1,000 and agreed to pay instalments as a result of which the Darkhast was disposed of on 23rd December, 1925. Again by the terms of th

































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