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2003 Supreme(Bom) 633

RANJANA DESAI
Vimalabai Keshav Gokhale – Appellant
Versus
Avinash Krishnaji Biniwale & others – Respondent


JUDGMENT - Smt. DESAI RANJANA, J.:---The petitioner has challenged in this petition judgment and order dated 28-3-1991 passed by the III Additional District Judge, Pune in Civil Appeal No. 293 of 1989 filed against the order dated 21-2-1989 passed by IV Additional Small Causes Judge, Pune, being Exhibits 17 and 29 in Darkhast No. 90 of 1988. The fact of the case may be shortly stated as under:

2. Respondents 1 to 7 filed Regular Civil Suit No. 1445 of 1980 for possession of the suit premises. In that suit it was contended that one Keshav Gokhale was the original tenant of the suit premises and after his death Arun Keshav Gokhale became the tenant of the suit premises. The suit was filed inter alia on grounds of default, bona fide requirement as well as acquisition of alternative accommodation.

3. The suit was decreed on 8-10-1986. An appeal carried therefrom was dismissed. I am informed that the matter travelled up to the Supreme Court and the decree passed by the trial Court was confirmed.

4. Respondent filed Regular Darkhast No. 90 of 1988, for execution of the said decree. The trial Court ordered issuance of possession warrant under Order XXI, Rule 35 of the Code of Civil Procedure














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