JUDGMENT - KHANWILKAR A.M., J.:—Rule.

2.Rule made returnable forthwith by consent.

3.As short question is involved, matter taken up for final disposal forthwith by consent.

4.This writ petition takes exception to the judgment and order passed by the 8th Additional District Judge, Pune dated 7th March, 2002 in Civil Appeal No. 51 of 2002. The petitioner claims to be owner of suit flat consisting of six rooms with attached W.C. and bath room in Building known as Shrikrishna Apartment situated at S. No. 557/8 final plot No. 473/30 Gultekdi, Pune. The petitioners father instituted a suit for possession against respondent being Civil Suit No. 1044 of 1986. This suit was decreed against respondent and respondent was ordered to deliver possession of the suit premises. Against that decision, respondent unsuccessfully carried the matter in appeal and latter before this Court by way of writ petition as well as appeal before Apex Court. To put it differently, decree for possession against respondent came to be confirmed right upto the Apex Court. During the pendency of the suit, petitioners father, who had instituted the suit expired and, petitioner was substituted as heir and legal representati

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