JUDGMENT - S.W. PURANIK, J.:---Heard Shri Surana, Advocate for the petitioner, and Shri Limaye, Advocate, in person as respondent. The petitioner had filed a suit in the Small Causes Court, Pune, way back in the year 1973 for possession. Unfortunately even after 12 years have elapsed, the petitioner is yet to get the fruits of his decree. There are various averments in this petition made by the decree-holder that the respondent-judgment-debtor has been protracting the litigation one way or the other. This Court is quite concerned with the dilatory tactics adopted by various litigants in the Court. But suffice it to say that the present case does not need any elaboration on that aspect of the case as this matter could be disposed of on the question of tenability of the proceeding under O.9 Rule 13 of the Code of Civil Procedure.

2. The petitioner filed Civil Suit No. 3328 of 1973 before the Judge of the Small Causes Court, Pune on November 23, 1973. It was decreed in his favour on December 15, 1983 after ten years and after several interim orders and remand etc. After the decree was passed, the respondent judgment-debtor filed an application under Order9, Rule 13 of the Code of Civi

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