VIKRAM BHALCHANDRA GHONGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Application seeking permission to appear and argue inperson is allowed.

(2.) Leave granted.

(3.) The appellant, who is the legal heir of the original plaintiffs, seeks to execute the decree passed by the trial Court in favour of the original plaintiffs. The executing Court has, however, refused to permit execution of the decree passed by the trial Court on the ground that the appeal preferred by the defendant Nos. 4 and 5 could not be stated to have abated notwithstanding the death of defendant Nos. 4 and 5 prior to hearing of the first appeal. The said appeal having been decided on merits and the decree passed by the trial Court having been modified, the decree passed by the trial Court could not have been executed.