instant petition, Regular
Civil Suit No.73/2013 is admittedly pending in
the court other than the court wherein Regular
Darkhast No.4/2015 ... pending. Moreover, Regular
Civil Suit No.73/2013 is not filed by the present
respondents, i.e. judgment debtors in Regular
Darkhast No.4/2015
application Exhibit 31 in
the darkhast proceedings of the petitioners to stay the
proceedings of the darkhast till Regular Civil Suit ... ground available in law for staying
darkhast proceedings of the pending darkhast being Regular
Darkhast No.42 of 2005. In the facts situation obtainable
having not been challenged in appeal. The plaintiff/decree-holder
filed Regular Darkhast No.81/2013 to execute the decree. In these
proceedings the respondents ... present case is that the decree-holder had earlier
filed Regular Darkhast No.546/2003 in which after repelling the
objections raised by the judgment
petitioners but respondents refused. For
execution of aforesaid ex-parte decree, regular darkhast no.
23 of 1987 had been filed by the respondents. Present
petitioners ... objected to said regular darkhast, stating
that no share was given to them nor respondents had
deposited crop value. In the circumstances, under an order
MARJI No.527/2012 filed by the Petitioners seeking restoration
of Regular Darkhast No.119/1997 has been rejected.
3 I have considered the strenuous ... Zaitunbee passed away on 02.12.1996, the execution
proceeding Regular Darkhast No.119/1997 was instituted.
(f) After considering the submissions of the parties
preferred regular civil appeal No.
230 of 1993 which had been dismissed on 10/06/1998.
Thereafter, execution proceedings bearing regular
darkhast ... Exhibit 14] in regular darkhast No. 20 of 1999 contending
that suit property is part and parcel of their ancestral
property and is in their
court, whereunder applications of present petitioner -
exhibits 113 and 116 in regular darkhast no. 240 of 2012 stand
dismissed with a show cause notice ... possession in respect of premises
in possession of tenants. "
06. Regular darkhast no. 240 of 2012 had been in the
interregnum moved against legal
petitioner preferred
execution petitions being Special Darkhast No.5/03,
Special Darkhast No.6/03, Regular Darkhast No.50/03,
Regular Darkhast ... Regular Darkhast No.49/03
and Regular Darkhast No.47/03.
6. Pending the proceedings of such darkhasts before the
Executing Court, objections were raised
proceedings in
the Court of Civil Judge, Senior Division, Kopargaon,
bearing Regular Darkhast No.5/1990 on 13.11.1990. The
Shri Saibaba Sansthan, Shirdi, also filed ... separate
execution proceeding bearing Regular Darkhast No.1/1990
for execution of the said compromise decree.
8] The petitioners also applied for temporary
injunction restraining
advocates for the parties finally by consent.
2. Respondent is plaintiff in Regular Civil Suit No.103 of 1989
instituted for redemption of mortgage ... encumbrances and to deliver vacant possession of the same.
4. Regular Darkhast came to be filed for execution of decree.
In said proceedings sale deed
