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2013 Supreme(Bom) 528

S.S.SHINDE
Somnathappa s/o Nagnathappa Halge – Appellant
Versus
Kamalbai w/o Govindlal Goud, since deceased through her L. Rs. – Respondent


Advocates Appeared:
For the Petitioner:R.S. Deshmukh, Advocate.
For the Respondents:R2 A.A. Mukhedkar, G.R. Syed, Advocates.

Judgment :

Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. This writ petition takes exception to the order dated 15th December, 2010 (Annexure-F) passed by the Joint Civil Judge, Junior Division, Parali Vaijinath, below Exhibit115 in Regular Darkhast No. 55 of 2004 and order dated 15th December, 2010 (Annexure-H) passed by the Joint Civil Judge, Junior Division, Parali Vaijinath, below Exhibit1 in Regular Darkhast No. 44 of 2004 thereby dismissing the Execution Petition on the point of limitation. It is further prayed that, Regular Darkhast No. 55 of 2004 may be restored to its original position.

The petitioner herein, is the plaintiff in Regular Civil Suit No. 271 of 1976.

3. It is the case of the plaintiff herein, that, on 15th December, 1973 father of petitioner namely Nagnathappa s/o Tatyaappa Halge had allotted property worth Rs. 2,00,000/to his son Prabhuappa Halge out of his self acquired property but the aforesaid Nagnathappa had enjoyed the possession over the suit plot. It is further case of the petitioner that, on 25th December, 1973 Prabhuappa Halge and one Kamalbai w/o Govindlal Goud had taken illegal possession of the above sai





























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