Sardar Ganpat Rao Moharkar vs Sardar Anand Rao, Baji Sahib on 16 December, 1910
In support of this contention he has relied on several decisions. -- 'Abdul Karim v. Mt. Islam-unnissa Bibi', 1916 All 104 (AIR V 3) (A); -- 'Ganpat Rao Sultan Rao v. Anand Rao Jagdeo Rao', 1920 Bom 208 (AIR V 7) (B). It has not been seriously disputed before me on behalf of the respondent that where the decree-holder has obtained possession in execution of the decree in excess of that to which he was entitled under the decree, the remedy of the judgment-debtor, who is the owner of this excess property, is to apply in execution proceedings and not to file a separate suit for recovery of possession of that property.