MAROTRAO BALAJI CHAVRE AND MAHADEO BHAGWANJI WAIRAGADE AND GAJANAN KAWADUJI NARNAWARA PATIL AND MADHAV S O BUDHA ANDUDHAWA S O SHRAWAN GAWA Vs. LAXMAN TANBA SHINGRU

JUDGEMENT

(1.) These five appeals are being disposed of by common judgment as common question of law is involved.

(2.) A preliminary decree for partition and separate possession of certain properties including some field properties in Civil Suit No. 13 of 1928 was passed on 1-4-1933. During the pendency of the final decree proceedings which are not yet complete, five applicants (appellants) filed an application under section 47, Civil Procedure Code to delete certain properties from the so called execution of the decree on the ground that they had purchased those properties sometime in the year 1953. These applications were filed sometime in 1969. The trial Court by judgment dated 4th November, 1980 dismissed the application as not maintainable under section 47, Civil Procedure Code, without deciding the merits. These appeals are directed against those decisions.

(3.) Shri Oka, the learned Counsel for the appellants, in the first place, has contended that only because the execution was not pending, the application cannot be dismissed. Reliance was placed in support of this prosecution on (M.P. Shreevastva v. Veena) A.I.R. 1967 S.C. 1193. It was also contended that the words all question arising include all those questions which could properly arise. In support of this proposition, reliance was placed on the decisions of this Court in (Lakhu Motiram v. Radhabai Mulchand) A.I.R. 1952 Bombay 438.