GAURIHAR BABURAO BATANE Vs. ASHOK BANUDAS GAJARE

JUDGEMENT

(1.) THE writ petition is filed at the instance of original plaintiff/decree holder and assignee of the plaintiff/decree holder and same is directed against the order dated 26th March 1997 passed below Exhibits 33 and 50 and order dated 29th August 1997 passed below Exhibit 73. Both the orders are passed in Regular Darkhast No. 126 of 1996, by the Civil Judge, Junior Division, Karad upholding the contention of the objectionist respondent No. 1 in writ petition.

(2.) THE objections were filed by the objectionist respondent No. 1, objector/third party to the execution of the decree. The said objections were treated as objections under Order 21, Rule 97 of the Code of Civil Procedure ("c. P. C. " for short), marked Exh. 33.

(3.) THE application for amendment (Exh. 50) was also moved by respondent No. 1 to join him as party to the said execution proceedings, so as to amend the execution application marked as Exh. 33, which was subsequently renumbered as Miscellaneous Civil Application No. 10 of 1997.