NAMDEO Vs. SHRIPATI

JUDGEMENT

(1.) This Writ Petition is directed against the order dtd. 30/11/2012 passed by the Court of Civil Judge, Junior Division, Parali Vaijnath, Dist.Beed, on applications Exhibits-21 and 36 in Regular Darkhast (execution of decree) No.6 of 2009. By the impugned order, the objections raised by the petitioners to the execution of decree came to be negatived. The petitioners are, therefore, before this Court.

(2.) Heard Mr.Sachin Deshmukh, learned counsel for the petitioners and Mr.S.S.Choudhary, learned counsel for respondent no.2.

(3.) Learned counsel for the petitioners - Judgment Debtors (JD), would submit that under the garb of execution of the decree passed in the suit, being Regular Civil Suit No.366 of 1992, the land belonging to the petitioners has been sought to be taken possession of. Learned counsel took me through the plaint in R.C.S. No.366 of 1992 and relevant sale deeds, to ultimately submit that the - Decree Holder is only entitled to obtain possession of the land admeasuring 2 H 24 R, as has been described in the sale deed. Learned counsel would further submit that the respondent gave incorrect boundaries in the execution petition thereby seeking dispossession of the petitioners from the land owned and possessed by them.