JUDGMENT - Deshpande D.B. J.-Petitioners Paikamma and Sitamma filed regular Civil Suit No. 121 /19 74 against respondent Maroti, his brother and his mother for possession of the two disputed fields and for other reliefs. “ On 30–11–1978 the learned Joint Civil Judge, Junior Division Chandrapur passed a decree in favour of the petitioners for possession of the suit lands and he directed an enquiry under Order 20, Rule 12, Civil Procedure Code regarding future mesne profits. Regular Civil Appeal No. 23/1979 preferred by respondent Maroti was dismissed on 7–1-1981 by the learned Assistant Judge, Chandra-pur.-Similarly appeal No. 3 /1979 filed by the mother and brother of Maroti regarding mesne profits was also dismissed by the same judge by a common judgment. Thereafter the petitioners filed execution petition for obtaining possession of the two suit lands. He obtained the orders for the service of the special process server on 27–1-1981 and they obtained actual possession of the land on 28–1-1981 at about 10 A. M.

2. It appears that on this very day respondent Maroti came to know that the bailiff had come for handing over possession and he approached the civil Court at Chandrapur and

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