KASHINATH RAMCHANDRA MORE Vs. PURUSHOTTAM L.MUJUMDAR

JUDGEMENT

(1.) THE Petitioner-Judgment Debtor has approached this Court against the order dated 12th August, 1991 whereby the Petitioner's objections against the execution of the decree have been rejected.

(2.) THE Respondent-Decree Holder obtained a decree, the prayer in respect of which reads as under :-

(3.) THE trial Court held that the decree was for recovery of possession and consequently Article 16 of the Limitation Act would be attracted and as such the objections raised by the petitioner were rejected. It may be mentioned that earlier there seems to have been some others application, one such application being Exhibit 37. It is ordered by order dated 9-4-1991 that the objections raised by the Judgment Debtor were considered while considering the decree and they cannot be re-considered and, therefore, the application was rejected. There is another order below Exh.18 of the same date wherein it is seen that the court had appointed a Commissioner. The Commissioner had submitted the valuation report which report was objected to by the decree holder and, that the decree holder was not ready to purchase the structure upon the land. In conclusion the Court directed that possession warrant be issued in favour of the decree holder.