VASANTDADA SHETKARI SAHAKARI BANK LTD Vs. KULDEEP BUILDERS

JUDGEMENT

(1.) By consent of the counsel appearing for the parties, the appeal was taken up for final hearing on 28th March, 2008. Though the submissions were concluded on that day, the judgment was reserved on account of paucity of time. Today the appeal is kept for dictation of judgment. The appeal was taken up for final hearing as the same arises from an order passed in execution proceedings.

(2.) The challenge in the First Appeal is to the judgment and order dated 11th October, 2006 passed by the learned 4th Joint Civil Judge, Senior Division, Pune. With a view to appreciate the submissions made by the learned counsel appearing for the parties, it will be necessary to refer to the facts of the case in brief.

(3.) The appellant had agreed to purchase the property situated at the ground plus mezzenine floor in property bearing C.T.S No.557, Sadashiv Peth, Laxmi Road, Pune. The appellant agreed to purchase the said property from the respondent Nos.1 to 4. It is the case of the appellant that the appellant-bank was put in possession of the said property on 01st June, 2000 and the appellant-bank continues to be in possession. According to the case of the appellants, the fifth respondent in the appeal is the owner of a property bearing CTS No.263/10, Survey No.132-A, Plot No.528, Sub-plot No.10.