SURESH RAMSINGH GURKHA Vs. DURGARAM SHANKAR NAIK

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondent waives service. Heard finally by consent of the parties.

(2.) The challenge in this petition, at the instance of the petitioners/judgment debtors, is to the order dated 4/07/2015 passed by the Executing Court whereby application (exhibit 17/D) filed by the petitioners, under Section 47 of the Civil Procedure Code has been rejected.

(3.) The brief facts are that the petitioners claim to be mundkars in respect of house no.68 standing in property bearing Survey No.20/1 of Ponda. The entire Survey No.20/1 admeasures 92,750 square metres and it originally belonged to one Mr. Shrirang Talaulikar, from whom the respondent/decree holder has purchased a part.