KASHINATH VINAYAK BHAVE Vs. RAMA DAJI KALE

JUDGEMENT

(1.) We are obliged to the learned Pleaders who, as amici curiae, have assisted us with their arguments in this case.

(2.) This is a reference under Order XLVI, Rule 1, from the learned District Judge of Ahmednagar, and the question, which is propounded to this Court, is in the learned Judge s words this: whether a holder of a decree for sale upon a mortgage, in default of payment of instalments ordered under Section 15(b)(1) of the Dekkhan Agriculturists Relief Act, must apply under Order XXXIV, Rule 5 of the Civil Procedure Code, to make the decree final before he can apply for sale of the necessary portion of the property under Section 15(b)(2) of the Dekkhan Agriculturists Relief Act.

(3.) In my opinion the answer should be in the negative.