KAMALABAI PRAMOD TAMBOLI Vs. RAJENDRA RUPCHAND CHAVAN

JUDGEMENT

(1.) Heard both sides finally with their consent.

(2.) Appellants are taking exception to the judgment and order dtd. 28/3/2018 passed in Civil Appeal No.26 of 2014, remanding the matter to the Executing Court. They are decree holders. Respondent Nos. 1 to 8 are the obstructionists/ objectors. The respondent Nos. 9 to 12 are the judgment debtors.

(3.) Appellants secured decree of possession in R.C.S. No. 90 of 2005 on 30/8/2010 against the respondents/judgment debtors after full fledged contest. The decree was put to execution in R.D. No. 19 of 2010. They were handed over possession on 13/4/2011. Application Exhibit 14 was submitted by the objectors before the Executing Court complaining illegal dispossession while execution of the decree. They claimed to have independent right and interest in the subject matter. Their application was rejected on 13/4/2011. The order is sought to be reviewed by application Exhibit 20, which is also rejected on 12/2/2014. The orders below Exhibit 14 and 20 are subjected to challenge in R.C.A. No. 26 of 2014, in which impugned judgment is passed.