MEENABAI SHANTILAL TATED Vs. BARKATBHAI YUSUFBHAI PATANWALA

JUDGEMENT

(1.) . The order passed by the Civil Judge, Senior Division, Bhoom below Exhibit-91 and 101 in Special Darkhast No.295 of 2014 is questioned in the present petition by the decree holder. Vide the impugned order, the Executing Court has directed the decree holder to submit better particulars in respect of the outstanding amount till date due from the judgment debtors.

(2.) The petitioner had filed the Special Civil Suit No.2298 of 1996 in the Civil Court at Pune against the present respondents which has been decreed by the said Court. I deem it appropriate to reproduce here-in-below the order passed by the learned 6 th Joint Civil Judge, Senior Division, Pune on 30.01.2006 in the said suit, which reads thus:

(3.) The material on record reveals that against the decree passed by the Trial Court, first appeal was preferred by the defendants in the High Court. Because of the enhancement in the pecuniary jurisdiction of the District Court, the said first appeal was transferred to the District Court at Pune to decide it in accordance with law and accordingly the same was decided by the said Court on 21.11.2015. The appeal was dismissed by the District Court. Though the second appeal was filed before this Court by the respondents, the same was also dismissed on 03.04.2018. Thus, the judgment and decree passed by the Trial Court attained the finality.