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1985 Supreme(Bom) 40

M.S.JAMDAR
Lotu Bandu Sonavane – Appellant
Versus
Pundalik Nimba Koli – Respondent


JUDGMENT - M.S. JAMDAR, J.:---This revision application arises out of the order dated 18-2-1984 passed by the Joint Civil Judge, (Junior Division), Jalgaon in Regular Darkhast No. 229 of 1981 filed by the petitioner decree-holder against the respondent-judgment debtor for possession of half portion of House No. 37, C.T.S. 1615 of Jalgaon in respect of which a sale deed was executed in favour of the petitioner in pursuance to a decree passed in his favour.

2. In the plaint filed by the petitioner no specific prayer for possession was made. The only prayer was for specific performance of the agreement of sale and execution of the sale deed through Court in case the respondent failed to do so. No application for amendment of the plaint was filed by the petitioner even in the Darkhast proceedings and hence in view of sub-section (2) of section 22 of the Specific Relief Act, 1963 the executing Court rejected the prayer of the petitioner for possession of the property. It is this order which is sought to be revised.

In this petition the petitioner-decree holder has filed an application for amendment of the plaint in Regular Civil Suit No. 289 of 1974 for including the relief of possession





















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