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2019 Supreme(Bom) 1013

RAVINDRA V.GHUGE
Gangabai Ramrao Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
M.S. Kulkarni, Adv., S.R. Yadav, Adv., D.B. Thoke, Adv.

JUDGMENT :

Ravindra V. Ghuge, J.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. It is quite often said in matters of execution of decrees that it is easier to succeed in getting a decree in accordance with Law from a Court, but is very difficult to have the decree executed. This is one classic case of such type of vexatious litigation.

3. The sequence of events are material and which are as under :-

[a] The petitioner had entered into an agreement to sell with the concerned respondents on 09/09/1973.

[b] As the respondents did not abide by the agreement to sell and did not execute a sale deed, Spl.C.S.No.28/1975 was filed. The petitioner, who was 30 years of age at the relevant time, was a coplaintiff.

[c] The suit was re-numbered as RCS No.616/2000 upon being transferred to the Court of the learned Civil Judge, J.D. Udgir.

[d] By judgment dated 30/08/2003, the suit was partly decreed and the petitioner herein was declared as a joint possessor of the suit land to the extent of 2/3rd share in the suit.

[e] RCS No.616/2000, which was filed by the defendants in the first suit, was dismissed.

[e] The litigating sides preferred RCA No.53/2003, 22/2004 and

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