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Mumbai Court March 1973 Judgments

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Mar 01 1973

Darubai Vs. Shankar Narayan Petil

Court: Mumbai

Decided on: Mar-01-1973

Reported in: AIR1974Bom215; ILR1974Bom929; 1973MhLJ728

ORDER1. This Civil Revision Application has been filed by the original plaintiff against an order dated 30-3-1972 passed by the Joint Civil Judge, Junior Division, Khamgaon, in Regular Civil Suit No. 110 of 1971 allowing the application filed by the defendant for stay of the suit under Section 3 of the Bombay Execution of Decrees (temporary Postponement ) Act, 1959, therein after referred to as the Act. 2. The plaintiff filed a suit for recovery of arrears of maintenance amount and for future maintenance and claimed a decree for Rs. 2700/- as arrears of maintenance ad future maintenance at the rate of Rs 75/- per month. The defendant filed an application dated 10-2-1972 under Section 3 of the Act for stay of the suit on the grounds stated in the application, According to the defendant, the present suit is a suit for money. The defendant earns his livelihood wholly by agriculture carried on within the limits of the State of Bombay and he ordinarily engages personally in agriculture with...


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