SOMNATH HANUMANT JAGTAP Vs. RAMCHANDRA SHRIRANG JAGTAP

JUDGEMENT

(1.) The challenge in this appeal at the instance of the appeallant, who is the obstructionist is to the concurrent finding of the Courts below refusing to uphold the objection filed by the appellant to the execution of a decree dated 27 th January 2011 passed by the learned Civil Judge Junior Division at Baramati in RCS No.170 of 2009 which has been confimed by the Appellate Court vide judgment and decree dated 24th August 2015 in Civil Appeal No.36 of 2011.

(2.) It may be mentioned that some of the original defendants had challenged the said judgment and decree in an appeal which was dismissed. The said defendants sought to challenge the said judgment before this Court in which there was a dealy of about 5 years. This Court by an order dated 11 th February 2021 passed in Interim Application No.206 of 2021 in Second Appeal Stamp No.1252 of 2021 had refused to condone the dealy. Thus the said decreee has attained finality.

(3.) Coming to the present appeal, the case made out by the appellant is that the Government had allotted a certain portion of land situated in Gat No.390 (Old Gat No.924) which was part of a gairan land to the homeless persons. The specific case made out is that the grand father of the present appellant had constrcuted a house in a portion admeasuring 1 R of the land in Gat No.390 which is presently bearing house No.793. The contention is that under the garb of the execution of the judgment and decree in RCS No.170 of 2009 the appellant is trying to execute and take possession of the portion on which the house No.793 is standing.