YASHODABAI GANESH NAIK GAUNEKAR Vs. GOPI MUKUND NAIK

JUDGEMENT

(1.) THIS case afford a further illustration, if further illustrations are required, of the confusion of our law and how the decree-holder had to suffer at the hands of the Court. The Executing Court disposed of execution proceedings in a very casual and cursory manner, taking a thoroughly untenable and unjust view not palatable to any judicial mind. BRIEF FACTS

(2.) THE brief narration of facts will be useful for correct appreciation of the issues involved in this case.

(3.) THE source of this revision petition is the order dated 28th June, 2000, passed by the Civil Judge, Senior Division, Ponda, in Execution Application No. 7/99/a, arising out of execution of decree passed in Regular Civil Suit No. 36/92, whereunder a decree for permanent injunction restraining the defendant, his relations, his servants and agents from interfering with the suit property bearing Survey No. 206/4, known as "daimodem", situated at Bandora was passed.