NANDKISHOR HEMRAJ KHANDELWAL Vs. CHANDRAKALABAI KISANRAO MAROTKAR

JUDGEMENT

(1.) In this appeal, while issuing notice for final disposal on 3.7.2017, this Court framed following substantial question of law:-

(2.) This Second Appeal is admitted on the above quoted question of law and today I have heard counsel for the parties on the same.

(3.) The appellant herein, is the plaintiff, who had filed Regular Civil Suit No.2 of 2001, being a suit for specific performance against the respondent Nos.2 and 3, the defendant Nos.1 and 2 in the aforesaid suit. The said suit was decreed in favour of the appellant by judgment and order dated 4.4.2003 passed by the trial Court. The said decree had attained finality as it was never challenged. The appellant/ decree holder put the aforesaid decree to execution in the year 2004.