Sameer Dattatraya Deshpande vs Kishor Shamrao Jadhav

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
SMT. ANUJA PRABHUDESSAI, J
Sameer Dattatraya Deshpande – Appellant
Versus
Kishor Shamrao Jadhav – Respondent

Advocates:
For the Appellants/Petitioners: Mr.M.M. Sathaye, Ms.Chitrali A. Deshmukh
For the Respondents: Mr.R.P. Kasbekar

Table of Content
1. background of property ownership and agreements. (Para 2 , 3 , 4 , 5 , 6 , 8)
2. execution of decree and claims by legal heirs. (Para 7 , 9)
3. arguments regarding execution and rights of parties. (Para 10 , 11 , 12)
4. legal queries regarding objections in executing court. (Para 13 , 14)
5. review of statutory provisions regarding property execution. (Para 15)
6. court's obligation to adjudicate on rights during execution. (Para 21 , 25 , 27)
7. concluding order and directions for adjudication. (Para 28)

ORAL JUDGMENT:-

1. With consent, heard finally at the stage of admission.

2. The Appellants herein have challenged the judgment and order dated 23 December 2021, passed by the learned District Judge No.3, Kolhapur in Civil Appeal No.66 of 2021. By the impugned judgment the learned District Judge dismissed the Appeal and thereby confirmed the order dated 8 February 2021 passed by the learned Joint Civil Judge Junior Division, Kolhpaur in Regular Darkhast No.88 of 2017.

3. The brief facts necessary to decide the Appeal are as under:- The Respondent, hereinafter referred to as the Plaintiff had filed Regular Civil Suit No.819 of 2016 before the CJJD, Kolhapur, for possession

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BOMBAY HIGH COURTSMT. ANUJA PRABHUDESSAI, JSameer Dattatraya Deshpande – AppellantVersusKishor Shamrao Jadhav – Respondent

BOMBAY HIGH COURT
SMT. ANUJA PRABHUDESSAI, J
Sameer Dattatraya Deshpande – Appellant
Versus
Kishor Shamrao Jadhav – Respondent