MANJUNATH ISHWARAPPA MIRAJKAR Vs. MANGALABAI

JUDGEMENT

(1.) It is not in dispute that a final decree was passed against the father of the petitioner, granting his father a share in the property. It is stated that the said suit had been filed by his father's sister i.e. the petitioner's aunt.

(2.) In view of the fact that the petitioner is claiming a right in his father's share, he cannot object to the execution of the decree as such.

(3.) Learned counsel for the petitioner submits that the petitioner has in fact filed a separate suit for partition and the said suit has been dismissed and an appeal filed against dismissal of the suit has also been dismissed. He however submits that the petitioner's claim for a share is now pending consideration in the second appeal and therefore the decree passed in the suit to which only his father was a party cannot be executed.