Mukesh Harilal Sidhpura vs Suresh Ganpatrao Bhosale And Ors
2022 Latest Caselaw 13408 Bom

                                                                  25.CRA.158.22.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    CIVIL REVISION APPLICATION NO. 158 OF 2022


Mukesh Harilal Sidhpura                       ...     Applicant

           Versus

Suresh Ganpatrao Bhosale & Ors.               ...     Respondents


Mr. A.S. Khandeparkar a/w Amogh Karandikar, Mr. Rohit Mahadik i/b
Khandeparkar & Associates for the Applicant.
None for Respondent Nos.1 and 2.

                                   CORAM :     R.I. CHAGLA, J.
                                   DATED :    21st DECEMBER, 2022.
ORDER :

1 Heard Mr. Khandeparkar, learned Counsel for the Applicant.

None appears for the Respondents though Respondent Nos.1 and 2 having

been served by hand delivery as per office noting and Respondent No.3

not being a contesting party.

2 By the Civil Revision Application the judgment and order

dated 29.10.2021 passed by the Appellate Bench of the Small Causes

Court, Mumbai, in Appeal No.95 of 2019 has been impugned and for

restoration of the judgment and order dated 08.02.2019 passed by the

Executing Court in Obstructionist Notice No.959 of 2009.

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                                                                        25.CRA.158.22.doc



3                By the impugned judgment and order the Appellate Bench

has allowed the Appeal by setting aside the finding of the Trial Court

dated 08.02.2019. The Trial Court had decreed the Suit with costs and

directed the Defendants who are Respondents herein, to handover vacant

and peaceful possession of the suit premises to the Plaintiff/Applicant

herein and had restrained the Defendants from parting with possession of

the suit premises or inducting any third person in the suit premises. The

Appellate Court had discharged the Obstructionist Notice and had held

that the obstructionist are entitled for restoration of the

possession/restitution in view of Section 144 of the Code of Civil

Procedure.

4 It is to be noted that the injunction restraining the

Defendants permanently for parting with possession of the suit premises

or inducting any third person in the suit premises has been in operation

from 12.08.2009 till when the impugned judgment and order have been

set aside by order dated 29.10.2021. In the event, the obstructionists have

not applied for restoration of the possession/restitution in view of Section

144 of the Code of Civil Procedure, till the Civil Revision Application is

placed for admission and heard, the status-quo shall be maintained in

respect of the suit premises.

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                                                                                             25.CRA.158.22.doc

5 Place the Civil Revision Application on 11.01.2023. Notice of

this order shall be given by the Advocates for the Applicant to the

Respondents and affidavit of service shall be filed on or before the next

date.

Digitally signed by WAISHALI (R.I. CHAGLA, J.) SUSHIL WAISHALI WAGHMARE SUSHIL WAGHMARE Date:

2022.12.22 17:43:31 +0530

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