JUDGMENT :- One Waman Vithal Kulkarni, the owner of the seven suit properties, which included six fields and a house in the Gaothan at village Borgaon in taluka Koregaon of district Satara executed a possessory mortgage deed on 31-07-1894 for a sum of Rs. 325/- in favour of one Vyankoji Sadashiv Khajore. Vyankoji's son Krishnaji executed an assignment of mortgagee's rights in the suit properties in favour of Hari Ramchandra Kulkarni on 22-09-1905 for equal sum. It, however, appears that in spite of the assignment of the mortgagee rights in all the seven suit properties Hari Ramchandra did not get possession of S. No.122 and the house at Gaothan at Borgaon, though he was in possession of the other properties. Eknath son of Krishnaji after his father's death filed Civil Suit No. 303 of 1930 against Rangnath Hari Kulkarni, son of assignee Hari Ramchandra for recovery of certain sum. A decree was passed in favour of Eknath. After several execution applications decree-holder Eknath filed again Darkhast No. 537 of 1942 and succeeded in bringing the five properties to sale which were auctioned on 22-01-1946. A sale certificate was also issued after confirmation of the sale on 29-04-1947 i

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