BHIKIBAI Vs. MANGTIBAI

JUDGEMENT

(1.) THIS order will dispose of Civil Misc. Appeal No. 58 of 1968 and Civil Revl-lion no. 526 of 1962. Material facts are as follows.

(2.) A decree for possession of land was passed jointly in favour of two widows bhiklbai and Mangatibai in Civil Suit No. 182 of 1969 at the stage of first appeal on 12-2-1962 against the defendant Gaila. Bhiklbai alone thereupon filed an execution application for enforcement of the decree against Galla. The decree, it is said, was satisfied by delivery of possession of the property on 18-3-1962 to bhikibai alone. Five days before this on 13-3-1962 Mangatibai had applied stating that she had obtained possession from Gaila out of Court and that satisfaction might be entered on the decree. The learned Civil Judge thereupon discovered that the decree had not been executed as per its terms and as ordered by him. He thereupon directed fresh warrant to be issued for delivery of possession to both the widows

(3.) BHIKIBAI preferred appeal against that order in the Court of Additional District judge West Nimar Khargone She also filed this revision petition, it is said, by wav of abundant caution during the pendency of the appeal but more than 45 days after the order sought to be revised When the matter came up for hearing before sen. J. . the learned Judge thought that if was proper to hear the proceeding along with that of appeal.