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2010 Supreme(Bom) 1524

S.S.SHINDE
Suglabai – Appellant
Versus
Rangarao s/o. Govindrao died by LRs. – Respondent


Advocates Appeared:
For the Petitioner:R.B. Deshmukh, Advocate.
For the Respondents:C.R. Deshpande, Advocate.

Judgment

1. Both these Civil Revision Applications are filed challenging the order passed by the learned Civil Judge Senior Division, Latur in Misc. Civil Application Nos. 171 and 172 of 1995 on 21.8.2003 thereby allowing the said applications and restoring the execution proceeding Nos. 79 of 1983 and 80 of 1983 respectively.

2. The petitioners herein are the original judgment debtors III and III/2 in said Misc. Civil Applications, filed by the respondent Nos. 1 to 4 herein for restoration for execution proceeding No. 79 of 1983 and 80 of 1983, as the said proceedings were dismissed in default for non prosecution by the learned C.J.S.D. Latur on 21.8.1991.

3. In the said Misc. applications, it was stated by the respondents herein that they have filed Special Civil Suit No. 58 of 1966 for specific performance of agreement of sale against the deceased Sangramappa and the said suit was decreed. They have filed execution proceedings to obtain the sale deed to be executed by the defendants at their costs on payment of balance consideration of Rs.14,850/- as per the decree. The amount is duly deposited in the Court. On death of Sangramappa, his heirs and L.Rs. Shankarappa Sidramappa, wid











































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