JUDGMENT :

Privy Council in Court of Wards vs. Maharajah Cooma Ramapur has observed as under :—

“That the difficulties of a litigant in India begin when he has obtained a decree, because the same is hardly executed.”

2. The present Writ Petition depicts the woes of a decree-holder, who is kept away from the fruits of the decree from 26-7-2004 and the present Writ Petition arises out of an application filed by him, seeking possession of the suit premises.

3. The petitioner/original plaintiff, Smt. Anjanabai Tathe, filed a Special Civil Suit No. 66 of 1666 in the Court of Civil Judge, Senior Division, Panvel against the defendants/respondents, seeking a declaration that Sale Deed dated 26-12-1667 executed by defendant No. 2 in favour of defendant No. 1 and the power of attorney alleged to have been executed by her deceased husband in favour of defendant No. 2 is null, void and not binding upon the plaintiffs and defendant Nos. 3 to 6 and also sought restraint order against defendant Nos. 1 and 2 for causing obstruction in her peaceful enjoyment of the said land located at Survey No. 110/1-B of village Chikhale, Taluka Panvel, District Raigad. Pertinent to note that plaintiff Nos. 2 to 5