GANPAT S/O GAJJA Vs. VIDYA BAI

JUDGEMENT

(1.) Petitioner/judgment debtor has filed the present petition under Article 227 of the Constitution of India against the order dated 31.05.2014 passed by the executing Court (IIIrd ADJ, Ujjain) in execution case No.38A/2008 whereby the application under Order 21 Rule 29 read with section 151 CPC has been rejected.

(2.) Gangabai, Beniram and Manibai were joint owners of land survey No.3427/1, area 0.293 hectare and survey No.3430/1, area 0.930 hectare of village Jaisinghpura, Tehsil and District Ujjain (for short 'the suit land'). All of them had 1/3 share in the suit land. On 22.02.1972 plaintiff Gangabai and Beniram executed a registered sale deed in favour of Gajja by way of security in respect of a loan of Rs.3,000/-. Thereafter, Gangabai and Beniram executed another sale deed dated 21.05.1973 in favour of Ganpat (present applicant). Later on Gangabai filed a civil suit No.38-A/1982 seeking declaration of the aforesaid sale deed as void and 1/3rd share in the suit land. Vide judgment and decree dated 18.01.1983 the suit was decreed in favour of plaintiff Gangabai and defendants No.1 & 2 were directed to hand over possession of the suit land to plaintiff Gangabai and she was directed to deposit Rs.3,000/- in the Court for payment to defendants No.1 & 2.

(3.) Being aggrieved by the aforesaid judgment and decree Ganpat filed first appeal No.31/83 before this Court. Vide order dated 22.03.1983 this Court stayed the execution of the judgment and decree dated 18.01.1983 and thereafter vide order dated 15.12.1983 the order stay was modified. On 07.05.1983 Gangabai filed an execution proceeding and deposited Rs.3,000/- in the CCD. Vide order dated 15.12.1983 on an application filed by Gangabai appellant, this court directed Ganpat to deposit Rs.2,000/- per year during the pendency of the appeal.