NANDU MARUTI POL Vs. SATISHKUMAR SATYANARAYAN AGARWAL

JUDGEMENT

(1.) The Petition takes exception to the order dtd. 21/6/2012 passed by the Additional Judge, Small Causes Court and Joint Civil Judge, Senior Division, Pune below application Exhibit-"10' and Exhibit-"16' in Special Darkhast No. 170 of 2007 allowing the application below Exhibit-"10' and rejecting the application below Exhibit -"16'. During the pendency of the Petition, the Respondent Decree holder expired and his legal heirs were brought on record.

(2.) The facts of the case stated briefly are that the Respondent(now deceased) had filed Special Civil Suit No. 1922 of 1995 inter alia seeking specific performance of agreement for sale dtd. 20/2/1989 in respect of property bearing Gat No. 1051 admeasuring 0H 53Rs situated at Village Markal, District- Pune. Vide judgment and decree dtd. 14/9/2004 the suit came be decreed as under:

(3.) In the year 2007, execution application being Special Darkhast No. 170 of 2007 was filed by the Respondent-decree holder seeking execution of the judgment and decree dtd. 14/9/2004.