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2009 Supreme(Bom) 1576

P.R.BORKAR
Baburao Vishwanath Dighe – Appellant
Versus
Kisan Bhivaji Sanap – Respondent


Advocates appeared:
For the Appellant:S.S. Kulkarni h/f. Shri S.D. Kulkarni, Advocates. For the Respondent:V.S. Kadam h/f. Shri R.N. Dhorde, Advocates.

Judgment :

1. This is an appeal preferred by the original defendant being aggrieved by the judgment and decree of possession passed by the 2nd Joint Civil Judge, Junior Division, Sangamner, in Regular Civil Suit No. 67 of 1979, decided on 23.08.1983, which judgment and decree is further confirmed in Regular Civil Appeal No. 160 of 1984, by the District Judge, Ahmednagar, on 11.10.1989.

2. Briefly stated, the present respondent who was the original plaintiff filed suit stating that the wife of present appellant/defendant, Bhagirathibai, filed Regular Civil Suit No. 27 of 1953 against the appellant for maintenance. For execution of decree obtained by her, Bhagirathibai filed Regular Darkhast No. 40 of 1968 against the present appellant. In that Darkhast out of land Survey no. 31/2, 1 Hectare 60 R portion on the Eastern side, situated at Arampur, Tal. Sangamner, was put on sale. The present respondent/plaintiff purchased said 1 Hectare 60 R portion of Survey no. 31/2. The auction sale was confirmed by the Court on 18.06.1969 and on 24.11.1978 sale certificate was issued. As per respondent/plaintiff, since he has become owner of the suit land by virtue of purchase in auction sale, he d




































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