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2023 Supreme(Bom) 1582

ARUN R. PEDNEKER
Mangla Sharad Mutha – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mukul S. Kulkarni, R.R. Sancheti, Anand P. Bhandari, Rohit R. Kakani, Amol K. Gawali, Vijay B. Munot, S.S. Thombre, Pranjal A. Bhandari, Patodi Rajat V.
For the Respondents: Niteen V. Gaware, Sanjay Gaikwad, R.N. Dhorde, R.L. Kute, V.R. Dhorde, Ashwin Shete, Abhay Dhariwal.

JUDGMENT :

ARUN R. PEDNEKER, J.

1. The present proceedings have checkered history. The plaintiffs filed a suit for partition and separate possession of the suit properties in the year 1956. The suit was concluded within a period of one year and the decree was passed in the year 1957. The defendant nos. 7 and 8 in the suit filed appeal against the said decree before the Appellate Court. All the other parties to the suit accepted the decree of the trial Court. The Appellate Court proceedings concluded by its order on 02.05.1963 in First Appeal Nos. 78/1958 and First Appeal No. 79/1958 and further amended order dated 24.09.1963.

2. However, the execution of the decree has been an endless process. The execution of the decree is obstructed by the subsequent purchasers of the suit property by raising multiple objections before the Collector in proceedings under Section 54 of the Civil Procedure Code and before the Civil Court and in the High Court and also the Hon’ble Supreme Court on various occasions and the decree holder is yet to secure fruits of the decree. Finally, the Hon’ble Sup

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