KUSUM Vs. MALTI

JUDGEMENT

(1.) The present petition is filed by the petitioners, being aggrieved by orders passed by the Jt.Civil Judge, Sr.Division Sangamner below Exhs.23 and 28 in the execution proceedings and it is prayed that the order is (Darkhast No.64/2015) is nonest, since what is executable is a final decree and not a preliminary decree. This is the precise ground on which the writ petition is filed.

(2.) Heard the learned counsel Shri.S.S.Dixit for the petitioners and learned counsel Shri.K.N.Shermale for the respondents. In order to appreciate the bone of contention between the parties, brief facts involved chronologically need a mention. Respondent Nos. 1 to 3 filed Regular Civil Suit No.212/2012 against the petitioners and respondent Nos. 4 to 9 for partition and injunction. The suit came to be decreed on 16/02/2015, declaring that plaintiffs and respondent Nos. 1 to 6 have 1/2 share in the suit property. It was further directed that since the suit property was a house property, after appointing a commissioner, the partition shall be effected as per the share determined in the judgment. As far as mesne profit is concerned, an enquiry was directed to be initiated. The judgment dtd. 16/02/2015 directed a preliminary decree to be drawn.

(3.) Being aggrieved and dissatisfied by the judgment passed in RCS No.212/2012, the petitioners/the judgment debtors filed Regular Civil Appeal No.47/2015 before the District Judge, Sangamner, which is pending for adjudication without any orders being passed, granting stay to the effect and operation of the judgment impugned.