KADIR ILAHI BAGWAN Vs. USHA ANANDRAO YADAV

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) By this Civil Revision Application, filed under Section 115 of the Code of Civil Procedure, 1908 (for short hereinafter referred to as, "C.P.C.") the Applicant is challenging the judgment and order dated 25th July 2016 passed by the Civil Judge Senior Division, Karad, thereby decreeing the Summary Civil Suit No.02 of 2015 filed by the Respondent under Section 6 of the Specific Relief Act, 1963.

(3.) The facts of the Civil Revision Application are to the effect that the suit property is a residential house, which was owned and possessed by the Respondent-Plaintiff since last more than 20 years. It was mortgaged to Sahyadri Nagari Sahkari Patsanstha, Karad (for short hereinafter referred to as, "the Patsanstha") by the Respondent on 29th December 1995. As the loan could not be repaid, the said Patsanstha sold the suit property in auction on 31st May 2005. The Applicant, herein, purchased the suit house in the auction and the 'Sale Certificate' also came to be issued in the name of the Applicant on 23rd June 2005. Accordingly, the registered sale-deed was executed in favour of the Applicant by the Patsanstha on 20th August 2010.