1979 Supreme(Bom) 146
C.S.DHARMADHIKARI
Sitaram Hari Salunkhe – Appellant
Versus
Laxman Rambodh Dubey & another – Respondent
JUDGMENT - C.S. DHARMADHIKARI, J.:---In this writ petition the petitioner has challenged the order passed by the Small Causes Court, Bombay in Miscellaneous Notice No. 960 of 1976, decided on 19th November, 1976. Respondent Laxman Dube filed an application under section 41 of the Bombay Presidency Small Cause Courts Act, 1882 against Smt. Parvati w/o Shankar Salunke and four others, who are heirs and legal representatives of the deceased Shankar Salunke. The said application related to the delivery of possession of the Stall bearing Municipal No. C/2180/3/(A) 86-384-A/86 situate on Jagannath Shankar Sheth Road, Bombay. The said application proceeded ex parte against the legal representatives of Shankar and, therefore, the learned trial Judge made an order in favour of Laxman Dube under section 43 of the Act on 17-9-1975. In execution of that order the present petitioner is dispossessed of the premises. It appears from the record that one Pandurang Koli at the initial stage tried to obstruct the warrant of possession for which the respondent took out obstructionist Notice No. 359 of 1975. The said Pandurang Koli did not appear in Court and, therefore, the said notice was made abso
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