ISHWARA GANU NIMBALKAR Vs. ANANDA BALWANT KARNEKAR

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 16th June, 1992 passed by the 4th Additional District Judge, Kolhapur in Reg.Civil Appeal No.369 of 1990 by which he reversed the judgment and decree dated 10th August, 1990 passed by Civil Judge, Junior Division, Panhala in Regular Civil Suit No.45 of 1978 for possession, the original defendant had preferred the instant appeal in this court.

(2.) IN support of the appeal Mr.P.D.Dalvi, the learned counsel for the appellant made the following submissions:

(3.) PER contra, the learned counsel for the respondent supported the impugned judgment and decree passed by the lower appellate court and submitted that the respondent is at no fault since the suit remained pending for number of years. Even the suit that was filed by the respondent for specific performance of the contract was dismissed which decree was never questioned by him. Thus, the counsel for the respondent vehemently submitted that the decree for specific performance of the contract was refused to the appellants by the competent court which became final and conclusive between the parties. The appellants whatsoever had no right to remain in possession even on the application of section 53A of the Transfer of Property Act. She therefore, submitted that the respondent cannot be allowed to suffer due to the delay in the adjudication of the litigation.