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2016 Supreme(Bom) 1366

C.V.BHADANG
Sandip Ganesh Ghatwal Son of Late Ganesh Arjun Ghatwal – Appellant
Versus
Gurudas Arjun Ghatwal Son of Late Ganesh Arjun Ghatwal – Respondent


Advocates Appeared:
For the Petitioners:Shri Prasheen Lotlikar with Ms. Aditi Naik and Ms. Gemini Xettigar, Advocates.
For the Respondents:Shri J. Coelho Pereira, Senior Advocate with Shri Somnath Karpe and Shri Vinod Korgaonkar, Advocates.

JUDGMENT :

1. The challenge in this petition is to the order dated 18.03.2009 passed by the Executing Court, whereby application (Exhibit-27) filed by the respondents-decree holders for attachment of the salary of the petitioners/judgment debtors, has been allowed.

2. The brief facts are that, now deceased, Arjun Ghatwal was a tenant in respect of various properties including the paddy fields situated at Poira, Mayem, which came to be acquired by the Government, for laying of the Konkan Railway broad gauge line. Arjun Ghatwal had appointed his son, Ganesh Ghatwal (original defendant no.1) as his attorney to look after the affairs of the properties by attending the office of the Land Acquisition Officer. On the strength of the Power of Attorney, Ganesh Ghatwal collected Rs. 19,47,114.08/- as compensation on behalf of Arjun Ghatwal and an amount of Rs. 5,86,778.42/- as the balance compensation. Arjun Ghatwal passed away on 12.07.1994. The respondents-decree holders filed Special Civil Suit No. 20/1997/A, for recovery of the amount of compensation, which suit was decreed on 08.07.2002. The defendants/ judgment debtors filed First Appeal No. 258/2002, before this Court challenging the sa













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