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1992 Supreme(Bom) 8

A.A.CAZI
Chhaya Vishnu Sadavarte (Smt. ) – Appellant
Versus
Indubai alias Indumati Bhaskar Bhavsar (Smt. ) and others – Respondent


JUDGMENT - A.A. CAZI, J.:---By this Writ Petition, the petitioner challenges the order dated 28th August 1984 passed by the Civil Judge, Junior Division, Nasik, below Exhibit 16 in Regular Darkhast No. 31 of 1982 by which order the petitioner's application objecting to issue warrant of possession of premises was rejected and also the order dated 10th September 1984 passed by the III Extra Assistant Judge, Nasik in Civil Miscellaneous Appeal No. 15 of 1984 by which order the petitioner's appeal was rejected as not maintainable.

2. One Vishnu Eknath Sadavarte was a tenant in respect of shop/godown premises situated at Saraf Bazar, Nasik. On 16th December 1971 his landlords filed Regular Civil Suit No. 32 of 1972 in the Court of Civil Judge, Junior-Division. Nasik for evicting him from those premises. During the pendency of the suit, the said Vishnu Eknath Sadavarte died on 10th September 1974. His widow, two sons and one daughter were brought on record as the legal representatives of the deceased. The present petitioner is also one of the daughters of said deceased but she was not brought on record as defendant in that suit. The suit proceeded to hearing and was decreed. That decree w



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