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2021 Supreme(Bom) 877

NITIN W.SAMBRE
Farukh Fakruddin Motiwala – Appellant
Versus
Vimalchand Ghevarchand Jain – Respondent


Advocates appeared:
A.V.Anturkar, Advocate, Sugandh Deshmukh, Advocate, Anil Ahuja, Advocate, Vimalchand Jain, Advocate

JUDGMENT

NITIN W.SAMBRE,J. - This Petition is by a third party/stranger to a execution proceeding questioning the order dated 14/09/2020 passed by the learned District Judge-1, Niphad in Review Application No.08 of 2020 in Regular Civil Appeal No.125 of 2017.

2. By the said impugned order, objection to the execution of decree for possession came to be rejected.

3. The facts necessary for deciding the present Petition are as under:-

4. Respondent/decree holder initiated Special Civil Suit No.330 of 1987 in the Court of Civil Judge, Senior Division, Nashik, alleging that vide Sale Deed Dated 27/6/1978 one Eknath Jaju sold and transferred the suit property to the decree holder.

5. Based on the said title, prayer for declaration of ownership, possession and recovery of storage charges of Rs 45,270/- was claimed. The said suit came to be dismissed by the learned Civil Judge, Senior Division, Niphad, District Nashik on 29/4/1999. The Respondent/decree holder preferred Civil Appeal No.15 of 2001 before the Additional District Judge, Niphad. The said appeal also came to be dismissed on 28/4/2006. However, it is held that decree holders are entitled for the amount of Rs 50,000/- with interes

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