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2012 Supreme(Bom) 381

R.K.DESHPANDE
Manohar s/o Janardhan Bhadade – Appellant
Versus
Madhuri w/o Ramesh Walokar – Respondent


Advocate Appeared:
For the Petitioner:A.S. Chandurkar with Shri P.N. Shende, Advocates, Advocate.
For the Respondent:A.S. Jaiswal, Advocate.

Judgment :

1. Rule, made returnable forthwith. Heard Shri A.S. Chandurkar, the learned counsel for the petitioner; and Shri A.S. Jaiswal, the learned counsel for the respondents.

2. The petitioner is the judgment-debtor; whereas the respondents are the decree-holders in Regular Civil Suit No.42 of 2003 decreed by the learned 2nd Additional Judge, Small Causes Court, Nagpur, by his judgment and order dated 26-9-2006. The decree is for eviction and possession in respect of the suit premises, the description of which is made in para 1 of the plaint, reads as under :

“1. That, there is a Property bearing Municipal Corporation House No.1093 (old), 977 (new) situated in Ward No.31, Plot No.1228, Chitar Oli, near Gandhi Putala, Central Avenue, Nagpur. The area of the said plot is about 1755 sq.ft. and on the said plot there is a building having constructed area of 850 sq.ft. The said building consists of ground floor, mezzanine floor and first floor.”

3. In Special Darkhast No.80 of 2007 filed by the respondents/plaintiffs, an objection was raised to the executability of the decree on the ground that the area in question falls in slum area, in respect of which the notification has been iss











































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