RAMU PANDU GAVADE Vs. RAMCHANDRA VISHNU KULKARNI

JUDGEMENT

(1.) This writ petition arises from the order dated 28-7-1986 rendered by the learned Civil Judge, Jr. Dn. , Islampur, on the application at Exhibit-6 in Regular Darkhast No. 193 of 1968. By the impugned order, the application at Exhibit-6 filed by the petitioners-defendants purportedly under section 47 of the Code of Civil Procedure (for short, "cpc") , has been rejected.

(2.) This litigation has a chequered history. I propose to make a reference to the factual matrix, to the extent as may be necessary and relevant for adjudication of the questions raised in this petition. The darkhast proceedings, in which the petitioners filed the application at Exhibit-6, arise from the judgment and decree dated 12-10-1968 passed in Regular Civil Suit No. 25 of 1968. The said suit was filed by one Ramchandra Vishnu Kulkarni. It appears that Ramchandra Kulkarni died on 5-12-1972. His four sons, viz. Narayan, Govind, Ashok, Hindurao and his wife Kamlabai were brought on record in the darkhast proceedings. Out of the five heirs, Govind, Ashok and Hindurao were brought on record in the present writ petition as respondent Nos. 1 (b) , 1 (c) and 1 (d). Insofar as respondent Nos. 2 to 17, the original defendants in the suit are concerned, they have been deleted by the petitioners being not necessary parties; for the purpose of deciding the instant writ petition. The suit was instituted claiming relief of joint possession in respect of several properties including the suit agricultural lands bearing Gat No. 2238, formerly R. S. No. 307/1, 307/2 and 307/3, totally admeasuring two hectors and three Ares, situate at village Kasegaon, Taluka Waive, District-Sangli, herein referred to as "the suit lands".

(3.) Few admitted facts are as follows. The petitioners are in exclusive possession of the suit lands. They were party-defendants in Regular Civil Suit no. 25 of 1968. The suit was decreed exparte on 12-10-1968. Some of the defendants carried the matter in Appeal and then in the Second Appeal before this Court. Both the appeals were dismissed and consequently the decree stood confirmed. The petitioners did not appear in the suit, though were served, nor did they challenge the decree in appeal. The: petitioners even did not appear in the appeals filed by the other defendants. Immediately after the suit was decreed on 12-10-1968, Regular Darkhast No. 193 of 1968 was filed by Ramchandra Vishnu kulkarni. However, the execution proceedings remain stayed pending the aforesaid appeals.