DAYANDEO JANARDHAN BHONSALE Vs. SAU. INDRABAI AND ANR.

JUDGEMENT

(1.) This petition is filed by or original opponent No. 2, who has purchased from respondent No. 2, the original Judgment Debtor, agricultural land bearing Survey No. 34/6B of village Kolwadi, Tal. Karjat. This property is being put to sale in execution of decree dated 15th April 1982 passed in Suit No. 142 of 1980 wherein decree for maintenance has been passed in favour of respondent No. 1 where under respondent No. 2 has been ordered to pay maintenance at the rate of Rs. 60.00 per month to respondent No. 1. By the said decree, a charge has been created on both the properties owned by respondent No. 2 being Survey Nos. 34/6B & 34/3. By the impugned order the land bearing survey No. 34/6B, which has been purchased by the petitioner, has been ordered to be sold in execution of the aforesaid decree for maintenance passed in favour of respondent No. 1.

(2.) A few facts, leading to the filing of this petition may by stated :

(3.) Respondent No. 1 thereafter filed execution proceedings and prayed for recovery of an amount of Rs. 4322.00 by sale of both the aforesaid lands. By an order dated 13th Sept., 1983, the learned Civil Judge (JDO, Karjat was pleased to direct to proceed only in respect of Survey No 34/3 and suitable orders of attachment were passed under Order XXI, Rule 54 of the Code of Civil Procedure only in respect of said Survey No. 34/3. The aforesaid Darkhist, however, was disposed of for want of prosecution by an order dated 3rd Oct. 1983. Respondent No. 1 thereafter filed the present execution proceedings wherein impugned orders were passed for attachment and sale of Survey No. 34/6B, which was the subject matter of purchase by the petitioner. Aggrieved by the said order, the petitioner has filed the present petition.