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2013 Supreme(Bom) 2342

RAVINDRA V.GHUGE
Shakuntala Shamsing Mali – Appellant
Versus
Housing Development Finance Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioners:U.S. Patil, Advocate.
For the Respondents:R1, S.V. Adwant, Advocate, R3, R3 & R4, Served.

Judgment :

1. Heard learned advocates for the respective parties. None appeared for respondent Nos. 2, 3 and 4 though served.

2. Contention of the petitioner is that the petitioners had borrowed loan of an amount of Rs.23,000/- from respondent No. 1/Bank. An amount of Rs.11,447/- was repaid to the said Bank. Balance amount of Rs.11,526/- stood in the loan account of the petitioners.

3. Respondent No.4, on 10/06/1988 purchased suit property of petitioner no.1 for an amount of Rs.1,93,000/- out of which an amount of Rs.1,80,000/- was to be paid and Rs.13,000/- were earmarked to be paid to respondent No.1 bank as against existing loan amount of the petitioners.

4. Respondent/Bank initiated Spl.C.S.No.301/1996 before the learned Civil Judge, S.D. Nashik for recovery of the amount of Rs. 33,540/-. The petitioners, though served, did not participate in the said proceedings. Eventually, the learned Court decreed the suit of the respondent No.1/Bank on 19/03/1997 in the absence of the petitioners.

5. Respondent No.1 Bank, thereafter filed Spl.Dkt.No.11/1998 in the Court of Civil Judge, S.D. Jalgaon seeking execution of the decree dated 19/03/1997.

6. In the meanwhile, the petitioners filed











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