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2014 Supreme(Bom) 2198

R.M.SAVANT
Vijaya Balbhim Deshpande – Appellant
Versus
Nilabai Tayasaheb Birajdar – Respondent


Advocates Appeared:
For the Appellant : Vijay Killedar
For the Respondents: Vishwanath Patil

JUDGMENT

R.M. Savant, J.

1. Admit.

2. With the consent of the Learned Counsel for the parties taken up for hearing forthwith.

3. The Revisionary Jurisdiction of this Court is invoked against the order dated 30-8-2011 passed by the Learned IInd Joint Civil Judge Senior Division, Solapur, by which order the application Exhibit 30 filed by the Respondents who are the decree holders for appointment of the Court Commissioner for carrying out the work of execution of the Sale Deed, came to be allowed.

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

The Respondents herein are the original Plaintiffs who had filed Special Civil Suit No.90 of 1972 for specific performance of the agreement in respect of the Sale Deed of land bearing block No.22/2 admeasuring about 3 Hectors and 84 Ares situated at Village Umarga, Taluka Akkalkot, District Solapur. It is not necessary to refer to the intervening facts. Suffice it to say that the Suit came to be decreed in favour of the Respondent No.7. The Defendants to the said Suit i.e. the Applicants herein filed two First Appeals being Nos.208 of 1978 and 213 of 1978, in this Court. The said First Appeals came to be






















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