JANKU ZIBAL Vs. SHAMRAO MALHARRAO PANDHARE

JUDGEMENT

(1.) THIS appeal arises out of proceedings in execution and has been referred for decision to a Division Bench because it involves an important question of law.

(2.) THE relevant facts are these. The plaintiff, who is respondent in the appeal, instituted civil suit No. 5 -A/46 for possession of certain property and for setting aside certain alienations made by its limited owners. That suit was partly decreed on December 30, 1947. The appellants before us are some of the alienees who were defendants to that suit. They were in possession of some of the property of which possession was granted to the respondent on condition that he deposited Rs. 41,026 -12 -6. The decree was appealed from both by the appellants as well as the respondent. Their appeals were dismissed on October 31, 1955. It may be mentioned that defendant No. 8 to the suit had also preferred an appeal against the decree of the trial Court in so far as it affected him. That appeal was allowed and the respondent's Claim as against him was dismissed. Therefore, the net result of the appeals preferred before this Court by the parties to the suit was that the decree of the trial Court was modified in so far as it related to defendant No. 8, but was upheld with respect to the plaintiff and other defendants thereto.

(3.) THE appellants resisted the application for execution on two grounds; firstly, that that application was barred by time, and, secondly, that it was not in accordance with law. Both these grounds were negatived by the Court below and possession of the property which was with the appellants was ordered to be delivered to the respondent along with the standing crops. In this appeal the appellants have reiterated both the contentions raised by them before the executing Court and have also taken an additional contention to the effect that the Court below was in error in ordering delivery of possession to the respondent along with the standing crops.