UDAY PUNDLIK NADKARNI Vs. AMARNATH N S TALWADKAR

JUDGEMENT

(1.) Heard Advocates for the parties. Rule. By consent, the rules is made returnable forthwith.

(2.) The petitioners challenge the order dated 23-11-05, passed in Execution Application No.29/03/A, rejecting the objections sought to be raised on behalf of the petitioners, who are the judgement-debtors in the execution proceedings before the executing Court.

(3.) By the Decree dated 31.3.03 passed in Civil Suit No. 57/96/A, the petitioners were required to execute a final sale deed in favour of the respondent as per Exhibit PW.1/A within a period of 60 days from the date of the judgement and Decree. Since the petitioners failed to execute the sale deed, the respondent filed execution proceedings which were sought to be objected to by the petitioners on various grounds. Though, in reply to the notice of execution application the petitioners filed a very cryptic reply, the same was followed by written submissions on behalf of the judgement-debtors as well as on behalf of the Decree-holder. The executing Court, thereafter, passed the impugned order.