PRADEEP Vs. JAGADISHWARI

JUDGEMENT

(1.) Leave granted.

(2.) A multi-layered litigation; commenced with a suit for partition in 1940, by a minor, in which a preliminary decree and a final decree were passed. An execution petition was initiated by the plaintiff, Sri. Prabhakarlal Mohanlal Kalawar (hereinafter called the Decree Holder), in the year 1979, the offshoot of which has led to the present appeal.

(3.) While the execution case was pending, the Decree Holder realized that a property in Solapur was not included in the suit, on which also the plaintiff had 1/4th share. While petition seeking to include the Solapur property was rejected when the final decree was drawn; finding it to be a selfacquired property, this order was reversed in appeal and directed to be included in the partition by an order dtd. 23/1/1973. The decree indicated the property to have an extent of 15 acres, which actually had an extent of 25 acres. By the time the Execution Petition was filed in 1979, a portion of the property was purchased by a third party who claimed protection under the provisions of the Transfer of Property Act, 1882, and also pointed out that Additional Civil Judge's Court at Belgaum, dealing with the execution case, had no jurisdiction by virtue of Sec. 39(4) of the Code of Civil Procedure, 1908; incorporated in the year 2002.