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2021 Supreme(Bom) 515

R.G.AVACHAT
Prakash Vitthal Kale – Appellant
Versus
Maharashtra Pulse Mills – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R.N. Dhorde, Senior Advocate i/b V.R. Dhorde
For the Respondents: K.C. Sant

ORDER :

R.G. Avachat, J.

1. The challenge in this Writ Petition is to the order dated 25.02.2014 passed by 6th Joint Civil Judge, Junior Division, Jalgaon, below application, Exhibit-179 in Regular Darkhast No. 152 of 2012 (Special Darkhast No. 2 of 1978). By the impugned order, the respondent herein (decree holder) has been allowed to deposit Rs. 42,000/-, petitioner No. 1 (deceased)-original Judgment Debtor has been directed to execute sale deed and in the event of his failing to do so, the respondent-decree holder were given liberty to get executed the sale deed through Court.

BRIEF RESUME OF FACTS:

2. The respondent, partnership firm, filed a suit being Special Civil Suit No. 4 of 1975 for specific performance of agreement for sale against petitioner No. 1. On 30.07.1977, the suit was decreed. The respondent/firm filed proceedings (Regular Darkhast No. 2 of 1978) for execution of the decree on 06.02.1978. The petitioner/judgment debtor preferred First Appeal (295 of 1978). The same came to be dismissed on 23.06.1982. Under the decree, the petitioner/judgment debtor was directed to obtain Non-Agriculture (N.A.) permission from the concerned authority within a period of two months an

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