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2023 Supreme(Bom) 2071

B. P. DESHPANDE
Ladu Puno Goankar – Appellant
Versus
Bombi Yeshwant Shetkar – Respondent


Advocates appeared:
Joaquim Godinho, Advocate, Manoj Jalmi, Advocate, Deepak Gaonkar, Advocate, Nehal Govekar, Advocate, Amey Salgaonkar, Advocate

JUDGMENT/ORDER

1. Heard learned Counsel Mr. Godinho for the Applicants and Mr. Gaonkar, learned Counsel appearing for Respondent Nos. 1, 2. (a), 2(b) and 2(c).

2. The rest of the Respondents, though served, failed to appear and contest the present Revision. It is submitted that the parties whom Mr. Gaonkar represents are the only contesting parties in the present matter.

3. The Applicants/Decree Holders filed execution proceedings No. 3 of 2013 praying that possession of the suit property be handed over to them as per the decree which became final. Some of the Judgment Debtors i.e. Judgment Debtor Nos. 1, 2(a), 2(b) and 2(c) filed objections to the execution of the decree on the ground that the Decree Holders do not have any locus to execute the decree due to subsequent events.

4. The learned Executing Court by considering the said objections, passed the impugned order dtd. 4/10/2017, thereby directing to conduct an inquiry. The operative part of the order of the Trial Court read thus:

    "An inquiry shall be conducted to determine the following points: a) Whether the plots of land sold by the Decree Holders under the sale deeds dtd. 06/02/2009, 17/02/2009 and 16/02/2009 form a part of

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