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2011 Supreme(Bom) 1424

R.M.SAVANT
Eknath Waman Jadhav – Appellant
Versus
Namdeo Pandharinath Jadhav – Respondent


Advocates Appeared:
For the Petitioners:M.M. Sathaye, Advocate.
For the Respondents:Ms. Pallavi N Dabholkar, Advocate.

Judgment :

1. Rule, with the consent of the parties made returnable forthwith and heard.

2. The above Petition takes exception to the Judgment and Order dated 17/3/2011 by which the Executing Court by invoking the power under Order 21 Rule 32 of the Code of Civil Procedure has committed the Petitioner Nos. 1 to 3 to civil prison for three days on deposit of the subsistence allowance by the Decree Holders.

3. The facts necessary to be cited for adjudication of the above Petition can be stated thus:

The Petitioners, who are the original Defendants in Regular Civil Suit No.210 of 1997, filed by the Respondents herein before the learned Civil Judge, Junior Division at Sinnar. The suit was for injunction simplicitor in respect of the land bearing Gat No.386 admeasuring 4 Hectres and 38 R situated at Mauze Padali, Tal. Sinnar Dist. Nashik. The said injunction was sought to the effect that the Defendants be restrained from disturbing Plaintiffs’ possession and enjoyment of the suit property. The Petitioners herein as stated herein above are the Defendants and the Respondents herein are the Plaintiffs to the said suit.

4. The parties went to trial and the learned Civil Judge Junior Divis















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