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1998 Supreme(Bom) 9

R.M.S.KHANDEPARKAR
Madhukar Sagun Karpe (deceased) through his LRs/heirs – Appellant
Versus
Institute of Public Assistance – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---By the present petition the petitioners are challenging the order dated 15th July 1996 passed by the Civil Judge, Senior Division, Panaji, in Civil Miscellaneous Application No. 15/96/A in Execution Application No. 7/93/A. The facts in brief are that a Special Civil Suit No. 134/84/A was instituted by the respondent herein against one Mr. Madhukar Sagun Karpe, the predecessor of the petitioners herein for recovery of money which was decreed by Decree dated 20th July 1988. Meanwhile one Smt. Anandibai Raghunath Pangam while adopting the petitioner No. 1(c) as her adopted son by Deed of Gift dated 20th April 1987 gifted one plot, being plot 'D' of her property Xir situated at Sanquelim Village and by another Gift Deed also gifted another plot, being plot 'B' to the petitioner 1(b). On 3rd August 1991 said Madhukar Karpe expired and he was survived by the present petitioners as his legal representatives. Some time in 1993 the respondent herein filed Execution Application No. 7/93/A for execution of the decree passed on 20th July 1988 in Special Civil Suit No. 134/84/A. In the said execution proceedings the respondent herein sought to attach the sa






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