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924-wp-9022-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 9022 OF 2019

NARSING APPARAO DAMODARE

VERSUS

KONDOPANT DIGAMBARRAO KULKARNI

...

Advocate for the Petitioner : Shri S. G. Chapalgaonkar

Advocate for the Respondent - sole : Shri H. V. Tungar

…

CORAM : RAVINDRA V. GHUGE, J.

DATED : 14^th AUGUST, 2019.

...

PER COURT :

1.

The petitioner, original Judgment Debtor, is aggrieved

by the order dated 15/03/2019 passed by the executing Court,

by which, his application Exhibit 98 filed in Regular Darkhast

No.22/2002, has been rejected.

2.

Contention of the petitioner Narsing (J.D.) is that the

decree delivered by the Trial Court in RCS No.178/1997, dated

19/03/2001 is rendered inexecutable. The respondent Decree

Holder (D.H.) had set out in the description of the suit

property in the 1997 suit that the petitioner Narsing had

occupied 60 x 50 ft. area on the west side of Gat No.154.

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924-wp-9022-19.odt

Unfortunately, the petitioner did not contest the said suit and

it was decreed exparte. The sai