MR. PANDURANG SADU KANDOLKAR, (SINCE DECEASED Vs. MR. CEZARIO F. DSOUZA
LAWS(BOM)-2017-3-273
HIGH COURT OF BOMBAY
Decided on March 22,2017

Mr. Pandurang Sadu Kandolkar, (Since Deceased Appellant
VERSUS
Mr. Cezario F. Dsouza Respondents

JUDGEMENT

C. V. Bhadang, J. - (1.) On 18/01/2017, a notice for final disposal was issued in this case. Accordingly, the petition is being disposed of finally.
(2.) The petitioner, who is the decree holder, is challenging the order dated 03/09/2016, by which, the Execution Application filed by the petitioner, has been dismissed.
(3.) There is a decree dated 04/05/1999 in favour of the petitioner, which is passed on the basis of consent terms. The consent terms, in turn, were based on the plan prepared by the Commissioner Mr. Survat Bhobe. The petitioner sought execution of the decree as per clause 6 of the Compromise Decree. The assistance sought from the Court was as under : "(a) The defendants/ respondents be directed to clear the access on the western side of the compound wall and to maintain the access between the compound wall and the boundary of the suit property towards the southern and western side of Survey No.80/23. The access shown in the plan annexed to the compromised decree is blocked by the coconut trees, construction of compound wall and courtyard as shown in the sketch and report prepared by Mr. M. Naik Tuenkar and the same are annexed herewith. (b) Any other mode may be granted to execute the decree.";


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