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1973 Supreme(Bom) 22

C.S.DHARMADHIKARI
Darubai – Appellant
Versus
Shankar Narayan Petil – Respondent


JUDGMENT - 1. This Civil Revision Application has been filed by the original plaintiff against an order dated 30-3-1972 passed by the Joint Civil Judge, Junior Division, Khamgaon, in Regular Civil Suit No. 110 of 1971 allowing the application filed by the defendant for stay of the suit under Section 3 of the Bombay Execution of Decrees (temporary Postponement ) Act, 1959, therein after referred to as the Act.

2. The plaintiff filed a suit for recovery of arrears of maintenance amount and for future maintenance and claimed a decree for Rs. 2700/- as arrears of maintenance ad future maintenance at the rate of Rs 75/- per month. The defendant filed an application dated 10-2-1972 under Section 3 of the Act for stay of the suit on the grounds stated in the application, According to the defendant, the present suit is a suit for money. The defendant earns his livelihood wholly by agriculture carried on within the limits of the State of Bombay and he ordinarily engages personally in agriculture within those limits, and therefore, he is an agriculturist within the meaning of the aforesaid Act. The field property of para, 2 of the said Act are made applicable tot he whole of the Buldana dist






























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