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2007 Supreme(Bom) 120

C.L.PANGARKAR
DATTATRAY A s/o RAGHUNATH JOG – Appellant
Versus
RADHABAI w/o LAXMANRAO GHATE – Respondent


ORAL JUDGMENT :- This revision application is filed by applicant/Judgment Debtor - Dattatraya being aggrieved by the order of Civil Judge (Jr.Dn.) Nagpur whereby he reopened the execution Application RD. No. 131/1976.

2. Radhabai Ghate had instituted Civil Suit No. 955/1971. It came to be decreed on 28-2-1974. The decree was for delivery of possession and recovery of money. Initially two execution applications were filed being RD. No. 280/74 and 931/76. First application i.e. RD. No. 280/74 was dismissed as infructuous. Later the Judgment Debtor i.e. the present applicant filed M.J.C. No. 67/1976 contending that the decree for money could not be executed due to Debt Relief Act, 1975. The M.J.C. was allowed and Execution Application No. 131/76 was dismissed. The Decree Holder/non-applicant filed a revision before this Court being C.RA. No. 339/77. The Civil Revision Application was allowed on 6-91980. After this Civil Revision Application was decided in 1980, the non-applicant/decree-holder Radhabai filed RD. No. 175/81 on 13th April, 1981. It is obvious, therefore, that this RD. No. 175/81 was filed immediately after revision was decided by the High Court. The Decree-holder, howeve






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