ATMARAM S/O. DAULTRAO POLE Vs. SHANKARRAO NARAYAN

JUDGEMENT

(1.) The appellants (original objection petitioners) impugns judgment and decree dtd. 16/6/2016 passed by learned District Judge-1, Kandhar in Regular Civil Appeal No.11 of 2014 thereby upholding order dtd. 7/2/2014 passed by learned Civil Judge, Junior Division, Loha below Exhibit-32 in Regular Darkhast No.20 of 2002 by which the application/objection filed the appellants under order XXI Rule 97 of the Civil Procedure Code to execution of decree has been rejected.

(2.) Brief facts giving rise to the present second appeal can be stated as under.

(3.) The portion of 46R land from Block No.387 situated at Village Ramtirth, Taluka Loha, District Nanded is subject matter of litigation. One Shankarrao Narayan Kanakdande instituted Regular Civil Suit No.246 of 1974 before learned Civil Judge, Junior Division, Gangakhed seeking decree for partition and separate possession against Madhukar @ Yashwantrao Kanakdande and others. Amongst other properties, land Block No.387 was also included as suit property. It was claimed that suit properties are ancestral properties, therefore, plaintiff is entitled for partition and separate possession of his share. Upon adjudication, Regular Civil Suit No.246 of 1974 was decreed vide judgment and order dtd. 15/1/1980. However, the property Block No.387 was excluded from decree on finding that Madhukar @ Yashwantrao Kanakdande is the exclusive owner of the property or it is his self-acquired property. Immediately after 10 days of the aforesaid decree, Madhukar @ Yashwant Kanakdande executed sale deed dtd. 25/1/1980 in favour of Balwant and Mahalsakant. In turn, vide sale deed dtd. 9/4/1987, it was purchased by Sadashiv Pole. Lastly, appellant no.1 and Sadashiv transferred land to Uttam Devla Rathod. Thereafter, appellant no.1 again purchased 80R land from Uttam Rathod. Appellant no.1 then transferred land in the name of his three sons i.e. appellant nos.2 to 4.