SUGLABAI Vs. RANGRAO

JUDGEMENT

(1.) Both these Civil Revision Applications are filed challenging the order passed by the learned Civil Judge Senior Division, Latur in Misc. Civil Application Nos.171 and 172 of 1995 on 21.8.2003 thereby allowingthe said applications and restoringthe execution proceeding Nos.79 of 1983 and 80 of 1983 respectively.

(2.) The petitioners herein are the original judgment debtors III and 111/2 in said Misc. Civil Applications, filed by the respondent Nos. 1 to 4 herein for restoration for execution proceeding Nos.79 of 1983 and 80 of 1983, as the said proceedings were dismissed in default for non prosecution by the learned C.J.S.D. Latur on 21.8.1991.

(3.) In the said Misc. Applications, it was stated by the respondents herein that they have filed Special Civil Suit No.58 of 1966 for specific performance of agreement of sale against the deceased Sangramappa and the said suit was decreed. They have filed execution proceedings to obtain the sale-deed to be executed by the defendants at their costs on payment of balance consideration of Rs. 14,850/ - as per the decree. The amount is duly deposited in the Court. On death of Sangramappa, his heirs and L.Rs. Shankarappa Sidramappa, widow of deceased and son Prabhu appeared in execution proceedings. While the execution proceeding were pending, Shankarappa died and his L.Rs. were brought on record. The decree holders i.e. petitioners had filed the duly stamped sale-deed in Court to be executed by heirs of judgment debtors. From the record of Darkhast proceeding it is apparent that judgment debtors Sidaramappa and heirs of Prabhu and Suglabai have also withdrawn their share out of consideration amount deposited in Court and in token of their acceptance of sale-deed they have put their signatures, thumb marks on the sale-deed. The sale-deed was to be duly registered at the costs of defendants. Judgments debtors after all have executed the sale-deed as per law and decree.