The court confirmed that execution proceedings must be confined to recognised parties in the decree, rejecting third-party claims lacking legal standing.

MILIND N. JADHAV, J.

1. Heard Mr. Thorat, learned Senior Advocate for Petitioner and Mr. Patil, learned Advocate for Respondent No.2. None for Respondent No.1. Respondent No.2 is the main contesting Respondent.

2. From the year 2017, Petition is pending for admission. It is heard today finally at the stage of admission by consent of the parties.

3. This Writ Petition assails the judgment and order dated 07.06.2017 passed by learned Judge, Small Causes Court, Pune in Application filed below Exhibit-295 in Darkhast No.1032 of 1980. Copy of the order dated 07.06.2017 is appended at Exhibit-L, page No.129 to the Petition.

4. Petitioner is admittedly the Decree Holder and Respondent No.1 is the original Judgement Debtor. Petitioner has filed Darkhast No.1032 of 1980 seeking execution of the decrees dated 05.11.1968 and 21.11.1968.

5. Respondent No.2 is a third-party Applicant who has filed Application below Exhibit-295 in the pending Darkhast proceeding seeking her impleadment. The name of Respondent No.2 is Shyama Shirish Nagarkar alias Asha Patankar. Application is filed through her Power of Attorney holder M/s. Rajkripa Consultancy, a partnership firm.

6. Briefly stated the nexus of Respondent No.2 with the Decree that has been passed and is being executed by Petitioner as is under:-

6.1. Originally one Trimbak Hari Awate was the owner of land and premises standing thereon forming part of Final Plot of 606 situated in Shivaji Nagar, Bhamburda, Pune in Town Planning Scheme No.1 (hereinafter referred to as the said property). He had mortgaged the said property by registered mortgaged deed dated 24.03.1947 to one Shri Dinkar Balkrishna Vaidya. Respondent No.2 is the grand daughter of Dinkar Balkrishna Vaidya. However immediately one year later on 07.07.1948, Mr. Awate leased a part of the said property to Mr. Shankar Godaji Gore (Respondent No.1) for a term of 25 years by lease deed dated 07.07.1948.

6.2. It is seen that on 13.07.1948, son of Trimbak Hari Awate namely Mr. Shankar Trimbak Awate leased the balance portion of the said property to Mr. Shankar Godaji Gore for a term of 99 years but the said lease deed was registered only on 14.07.1979 i.e. 31 years later. It is seen that some portion of the said property was sub-letted by Mr. Shankar Godaji Gore to Smt. Sulochana Thakur and Smt. Sarde (sub-tenants) who constructed structures thereon and further sub-let the same to Mr. Sardar Biwalkar by deed of lease dated 07.11.1949.

6.3. It is seen that the original lessee Mr. Shankar Godaji Gore thereafter sub-let to Mr. Sardar Biwalkar, the same portion by way of further lease deed dated 27.12.1948 which was in turn sub-let to Smt. Sulochana Thakur and Smt. Sarde further. The original owner Trimbak Hari Awate expired on 16.07.1949 leaving behind his Will.

6.4. In the above background and factual scenario, the mortgagee filed Special Civil Suit No.89 of 1952 in the Court of Civil Judge, Senior Division, Pune against the Executor of the last Will and Testament of Trimbak Hari Awate for recovery of the amount due to him under the Mortgage Deed dated 24.03.1947. The tenants Shankar Godaji Gore and sub-tenants Mr. Biwalkar, Smt. Thakur and Smt. Sarde were also impleaded as parties to the suit.

6.5. It is seen that preliminary decree was passed in the said Suit on 31.01.1953 in favour of Dinkar Balkrishna Vaidya. However, Mr. Dinkar Balkrishna Vaidya was declared lunatic under the Lunacy Act in Miscellaneous Application No.363 of 1953 and the Nazir of the District Court was appointed as his Guardian. The Nazir of the District Court, Pune as the Guardian of Mr. Dinkar Balkrishna Vaidya obtained a final d