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2018 Supreme(Bom) 252

MANISH PITALE
Nandkishor Hemraj Khandelwal – Appellant
Versus
Chandrakalabai Kisanrao Marotkar – Respondent


Advocates Appeared:
For the Appellant : K.P. Kanugo, Counsel.
For the Respondents: N.S. Deshpande, Counsel.

JUDGMENT :

1. In this appeal, while issuing notice for final disposal on 3.7.2017, this Court framed following substantial question of law:

In view of rejection of the objection raised below Exh.58, whether it was permissible for the objector to again raise a fresh objection under Exh.185?

2. This Second Appeal is admitted on the above quoted question of law and today I have heard counsel for the parties on the same.

3. The appellant herein, is the plaintiff, who had filed Regular Civil Suit No.2 of 2001, being a suit for specific performance against the respondent Nos.2 and 3, the defendant Nos.1 and 2 in the aforesaid suit. The said suit was decreed in favour of the appellant by judgment and order dated 4.4.2003 passed by the trial Court. The said decree had attained finality as it was never challenged. The appellant/ decree holder put the aforesaid decree to execution in the year 2004.

4. The respondent no.1 herein being an objector to the said decree filed her objection before the Executing Court being an application under Section 47 r/w Order XXI Rules 97, 99, 101 of the Code of Civil Procedure (CPC), it was marked as Exh.58 and the same was filed in the year 2011. The said objecto




















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