KURBAN KASIMALI KAZI Vs. TASDUQ AHMEDALI KASIMALI KAZI

JUDGEMENT

(1.) Heard the learned counsel Mr.R.R.Shaikh, for the petitioner, learned counsel Mr.S.S.Kazi, for respondent No.1 and learned AGP Mr.Kishor Patil, for respondent Nos.2 & 3.

(2.) Rule, returnable forth with. Rule is heard finally with the consent of the parties.

(3.) A resume of relevant facts would suffice. The petitioner was defendant No.3 in Special Civil Suit No.7/1993 filed by the respondent No.1 in this petition. Special Civil Suit No.7/1993, for recovery of Rs.49,264.33, was decreed by the learned Jt.Civil Judge, (Senior Division), Latur by the Judgment and Decree dated June 25th, 1998 against the original defendant Nos.3 and 4 to 7 in the suit. This money decree, is put into execution by the respondent No.1/original plaintiff by filing Special Darkhast No.46/2003. The respondent No.1/Decree holder, filed an application Exhibit 24 in Special Darkhast No.46/2003 seeking attachment of the land survey No.329/H and sale of the suit property by auction, for the recovery of decreetal amount of Rs.1,48,361.83. This application after hearing the parties, is allowed by the learned Jt.Civil Judge (Senior Division), Latur by the order passed on July 17th, 2006. This order is passed below Exh.24 in Special Darkhast No.46/2003, is under challenge in this writ petition.