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2023 Supreme(Bom) 106

SANDEEP V. MARNE
Hirabai Dattatray Mankar – Appellant
Versus
Dodke Associates through its Partner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashish A. Gatagat
For the Respondent: Mr. Sanjay Kshirsagar

JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent of parties, Petition is heard finally.

2. By this Petition, Petitioners challenge order dated 11 September 2019 passed by 6th Joint Civil Judge Senior Division, Pune in Regular Darkhast No.781 of 2012. By that order the Executing Court has recorded that nothing in the decree remains to be executed on account of execution of the sale deed by Decree-Holder and Judgment-Debtor in favour of third party. The Decree is held to be satisfied and the execution proceedings are closed.

3. Though the Petitioners were not parties to the suit, they came to be added as Judgment Debtors to the execution proceedings bearing Regular Darkhast No.781 of 2012. Petitioners filed their objections to the execution on 8 March 2005 and 28 April 2005. It is contended that without deciding their objections, the executing Court has proceeded to close the execution proceedings by recording satisfaction of decree.

4. Appearing for the Petitioners Mr. Gatagat, learned Counsel would draw my attention to the Objection Applications filed by Petitioner Nos.1 and 2. He would further draw my attention to the Development Agreement dated 31 January 2008 executed

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