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1998 Supreme(Bom) 454

R.M.LODHA
Jayalaxmi Janardhan Walawalkar and others – Appellant
Versus
Lalchand Laxmichand Kapasi and others – Respondent


JUDGMENT - R.M. LODHA, J.:--- None appears for the parties.

2. The writ petition relates to the year 1984 and earlier also the writ petition was dismissed for default and then restored. In the circumstances, I thought it fit to consider the matter on merits and in the absence of the learned Counsel for the parties, I have perused the impugned order dated 30-3-1984 and the available material.

3. One Janardan P. Walawalkar filed ejectment suit against Krishnaji L. Prabhu (respondent No. 2 herein) in the year 1972 in the Court of Small Causes. In that proceeding decree for eviction was passed against the respondent No. 2 herein. The decree holder Janardhan P. Walawalkar levied execution in which Lalchand Laxmichand Kapasi (respondent No. 1 herein) obstructed the execution of the said decree. The obstructionist notice was made absolute in favour of decree holder. Before the decree could be executed against obstructionist the decree holder Janardhan P. Walawalkar died. The present petitioners are heirs and legal representatives of deceased decree holder. The 1st respondent obstructionist also filed a regular declaratory suit against Janardhan P. Walawalkar and the respondent No. 2 herein








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