DATTATRAYA RAGHUNATH JOG Vs. RADHABAI LAXMANRAO GHATE

JUDGEMENT

(1.) This revision application is filed by applicant/judgment Debtor - Dattatraya being aggrieved by the order of Civil judge (Jr. Dn. ) Nagpur whereby he reopened the execution Application R. D. No. 131/1976.

(2.) Radhabai Ghate had instituted Civil Suit No. 955/1971. It came to be decreed on 28-2-1974. The decree was for delivery of possession and recovery of money. Initially two execution applications were filed being R. D. No. 280/74 and 931/76. First application i. e. R. D. No. 280/74 was dismissed as infructuous. Later the Judgment Debtor i. e. the present applicant filed M. J. C. No. 67/1976 contending that the decree for money could not be executed due to Debt Relief act. 1975. The M. J. C. was allowed and Execution Application No. 131/76 was dismissed. The Decree Holder/non-applicant filed a revision before this Court being C. R. A. No. 339/77. The Civil Revision Application was allowed on 6-9-1980. After this Civil Revision Application was decided in 1980, the non-applicant/decree-holder Radhabai filed R. D. No. 175/81 on 13th April, 1981. It is obvious, therefore, that this R. D. No. 175/81 was filed immediately after revision was decided by the High Court. The Decree-holder, however, did not prosecute this R. D. No. 175/81 properly. The Court passed the following order while dismissing R. D. No. 175/81.

(3.) The decree-holder did not even remove the office objection. Since no steps were being taken by the non-applicant/decree-holder, the Regular Darkhast was dismissed on 5-8-1983. After this R. D. was dismissed in the year 1983 and application for reopening of R. D. No. 131/76 was filed being Miscellaneous application not Requiring Judicial Enquiry No. 46/01. It was filed on 26th April," 2001 i. e. after lapse of 18 years.