SOMNATHAPPA Vs. MOTILAL

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) THIS writ petition takes exception to the order dated 15th December, 2010 (Annexure-F) passed by the Joint Civil Judge, Junior Division, Parali Vaijinath, below Exhibit115 in Regular Darkhast No. 55 of 2004 and order dated 15th December, 2010 (AnnexureH) passed by the Joint Civil Judge, Junior Division, Parali Vaijinath, below Exhibit1 in Regular Darkhast No. 44 of 2004 thereby dismissing the Execution Petition on the point of limitation. It is further prayed that, Regular Darkhast No. 55 of 2004 may be restored to its original position. . The petitioner herein, is the plaintiff in Regular Civil Suit No. 271 of 1976.

(3.) IT is further case of the petitioner that, on 23rd January, 2002 after hearing both the sides, the learned 2nd Additional District Judge, Ambejogai vide its judgment and order dismissed the said appeal by confirming the impugned judgment and decree therein, subject to payment of deficit court fees by the L.Rs. of the deceased plaintiff/respondent therein. It is further case of the petitioner that, being aggrieved and dissatisfied with the judgment and decree passed by the lower appellate Court, the present respondents/L.Rs. of deceased Kamalbai Goud filed Second Appeal No. 1446 of 2004 before this Court. On 20th December, 2004 the petitioner/decree holder filed application for execution of decree bearing Regular Darkhast No. 55 of 2004 in the Civil Court at Parali Vaijinath. It is further case of the petitioner that, on 16th July, 2005 in view of the aforesaid directions, the petitioner/decree holder deposited deficit court fees of Rs.332/before the lower Court vide Application (Exhibit25) in Regular Darkhast No. 55 of 2004.