SHRIPATI GANPATI JADHAV Vs. CHANDRAKANT GANPATI JADHAV

JUDGEMENT

(1.) Rule.

(2.) Mr. Apte appears for respondent Nos. 1 to 3 and waives service. Respondent Nos. 4 to 8 are the formal

(3.) Respondent Nos. 1 to 3 (hereinafter referred to as "the respondents") filed a suit for specific performance of an agreement of sale against the respondent Nos. 4 to 8. A decree for specific performance was passed in their favour by the Court of Civil Judge, Sr. Division, Pune on 6 October 1997. Respondents filed an execution application bearing Regular Darkhast No. 283/08 in the Court of Civil Judge, Sr. Division for execution of the decree. The present petitioners, who are the brothers and cousins of the petitioners, claim that their common ancestor Ganpati was the original tenant and as such they had inherited the tenancy along with respondents and were in joint possession of the suit property. As they were not parties to the suit they cannot be dispossessed in execution of the decree. They accordingly filed an application resisting the execution. They also prayed that the decree be set aside to the extent of the petitioners' share. The respondents resisted the application by filing a reply at Exhibit 37A. The executing Court after hearing the parties held that the contention of the petitioners that they had l/5th share in the tenancy rights in the suit property was not proved and rejected the same. He accordingly overruled the objection to the execution of the decree raised by the petitioners, by an order dated 25 April, 2010.