SURESH BHIMRAO DAWANE Vs. MARTAND KESHAV DABHADE

JUDGEMENT

(1.) THIS Second Appeal is filed by the Legal Heirs of original defendant Nos. 1 and 2 against original plaintiff Nos. 1 to 3- respondents, in whose favour by order dated 30th April, 1985, the Joint Civil Judge, junior Division, Kolhapur (for short, "executing court") in Final Decree Application has passed the following order. The application is granted. The Suit property be partitioned through the Court Commissioner according to the directions given in the decree and 3/4th portion of the same be handed over to the plaintiffs-applicants by demolishing the construction, if necessary. No order as to costs.

(2.) THE same has been confirmed by the Additional district Judge, Kolhapur by order dated 20th october,1988 and therefore, the present Second Appeal.

(3.) BY an order dated 30th November, 1988 the Court has framed the following question of law. Whether in the facts and circumstances of the case the principle of equity should have been applied?