MADHUKAR SAGUN KARPE Vs. INSTITUTE OF PUBLIC ASSISTANCE

JUDGEMENT

(1.) HEARD the advocates for the parties. Admit. By consent, the revision application is taken up for hearing and final disposal.

(2.) BY the present petition, the petitioners are challenging the order dated 16th August 1997 whereby the executing Court had allowed the application of the respondent for attachment of the two plots belonging to the petitioners for the recovery of money due to the respondent under Decree dated 20th July 1988 passed in Special Civil Suit No. 134/84/a. The records disclose that the respondent herein filed Special Civil Suit No. 134/84/a against one Madhukar Sagun Karpe for the recovery of money which was decreed by the said Decree dated 20th July 1988 and since the amount thereunder was not paid, the respondent herein filed the execution application. Meanwhile said Madhukar Karpe expired on 3rd August 1991 and, therefore, the execution application was filed against the petitioners who are the legal representatives of said Madhukar Karpe. Records also disclose that by Deed of Gift dated 20th April 1987 one Anandibai Raghunath Karpe had gifted two plots of her property situated at Sanquelim to the petitioners 1 (b) and 1 (c ). By the application dated 27th September 1997 the respondent herein sought to attach the said two plots for the recovery of money due from the said Madhukar Karpe. The said application was objected to by the petitioners on the ground that the said two plots do not form part of the estate of the deceased Madhukar Karpe but they were acquired by the petitioners from Anandibai Raghunath Karpe by a Deed of Gift.

(3.) THE executing Court by the impugned order allowed the said application filed by the respondent and ordered that the said two plots be attached and sold by public auction in order to enable the respondent to recover the decretal amount.