GAJANAN Vs. PRALHAD

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeal has been preferred by the Appellant ("Decree Holder") challenging the judgment dtd. 3/2/2025 (hereinafter referred to as "impugned judgment") passed in Writ Petition No. 565 of 2024 by the High Court of Judicature at Bombay, Nagpur Bench (hereinafter referred to as "the High Court") wherein the High Court allowed the writ petition filed by the Respondent ("Judgment Debtor") and set aside the order dtd. 31/10/2023 passed by the Court of Civil Judge, Junior Division, Motala (hereinafter referred to as "Executing Court"), whereby the execution application filed by the Decree Holder was allowed for the enforcement of the decree dtd. 3/12/1999.

(3.) The essential facts necessary for the disposal of this appeal are that the Decree Holder had instituted a suit bearing Regular Civil Suit No.68/1997 for declaration and recovery of possession by removal of encroachment, along with payment of mesne profits, in respect of 51R of agricultural land out of Gat No.77 situated at village Takli, Taluq Motala, District Buldhana (hereinafter referred to as "suit land") against the Judgment Debtor before the Court of Civil Judge (Junior Division), Malkalpur (hereinafter referred to as "Trial Court"). The said suit came to be decreed vide judgment and order dtd. 2/12/1999 and the decree was prepared on 3/12/1999. The relevant extract of the order passed on 2/12/1999 is reproduced hereinbelow: