Indian Kanoon - Search engine for Indian Law

22] Thereafter, execution proceedings were filed. The plaintiffs filed Special Darkhast No.06/1965 for execution of the modified decree, however, there is dispute about the papers of Special Darkhast No.06 of 1965 being lost. Thereafter, on 13.04.1977, the Special Darkhast No.57/1977 was filed by the legal representatives of plaintiff no.1 along with the plaintiff no.2 Mahadu Narayan Pawar. During the pendency of the Special Darkhast No.57/1977, the plaintiff no.2 Mahadu Narayan Pawar assigned his rights under the deree in favour of one Hussan Babu Zarekari in respect of his share in lands survey No.47/6, 48/6, 53/1B, 133/3, 52/1 and 52/2 by executing a deed of assignment dated 01.10.1981. On 22.10.1981, the defendant nos.3 and 4, who were deleted from the suit by an order of the trial Court, filed an application Exh.14 13576.19WP+ praying for deletion of Survey No.131 and 46/2 of Chahurna (Bk.) from Special Darkhast No.57/1977. 23] On 23rd October, 1981, the defendant nos. 7 and 8 filed application Exh.17 in Special Darkhast No. 57/1977 for deletion of lands survey No.52/1 and 52/2 alleging that as per the modification of the decree done by this Court in First Appeal Nos.78/1958 and 79/1958, the whole survey Nos.52/1 and 52/2 were to be assigned to the share of defendant no. 1 by way of equitable partition. Similarly, a pursis (Exh.21) was also filed by Hassan Babu Zarekari on 16.11.1981, for substituting his name, in place of plaintiff No.2 / decree holder no.2 Mahadu Narayan Pawar, on the basis of deed of assignment dated 01.10.1981.