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2001 Supreme(Bom) 564

A.M.KHANWILKAR
Shankar Bhairoba Vadangekar since deceased, by his heirs and legal representatives – Appellant
Versus
Ganpati Appa Gatare, since deceased by his heirs and legal representatives – Respondent


Judgment

A.M. KHANWILKAR, J.:---This writ petition under Article 227 of the Constitution of India takes exception to the judgment and order passed by the III Additional District Judge, Kolhapur, dated 4th September in Regular Civil Appeal No. 230 of 1984.

2.This is one of those unfortunate matter, to which the observations made by the Apex Court in a recent decision reported in 2001(2) S.C.C. 604 in (Gaya Prasad v. Pradeep Srivastava)1, would aptly apply, for the litigation has remained unresolved for last around twentyfive years inspite of the ground of bona fide requirement pressed by the landlord. It is disheartening that matters between landlord and tenant for possession on the ground of bona fide requirement remain pending for so long. In para 15 of that decision, the Apex Court has observed that :

"The judicial tardiness, for which unfortunately our system has acquired notoriety, causes the lis to creep through the line for long long years from the start to the ultimate termini, a malady afflicting the system."

3.Briefly stated, the precedessor of the petitioners, instituted a suit before the Court of Joint Civil Judge, Junior Division, Kolhapur, bearing Regular Civil Suit No. 55






















































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