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2009 Supreme(Bom) 1466

ROSHAN DALVI
Raghunath B. Rashinkar (Since deceased) by his L. Hs. & Rs. Mrs. Kusum R. Rashinkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Applicants:Sanjeev J. Rairikar i/b. Shankar Deshmukh, Advocates.
For the Respondents: Mrs. A.A. Mane, A.P.P.

Oral Judgment:

1. This is a Revision Application which has traversed several decades in our Criminal Justice system. Since about 1970, 40 years ago Civil Proceedings were followed, prosecuted and adjudicated upon between the original complainant and the original accused. The original complainant and the original accused having expired, their respective heirs and legal representatives are brought on record. They shall all be referred to as complainant and accused respectively. The original complainant under C.C.No.153/1982 was the owner and landlord of House No.1700, R.S. Kedari Road, Poona-1. 2 rooms on the first floor were tenanted to one Esa Hussain Fidhali.

2. The complainant obtained a decree in his litigation with his original tenant. He filed Execution Proceedings being Darkhast No.1582/1975. After several hearings an order for breaking open the locks with police protection came to be granted. The complainant sought to execute that decree under those execution proceedings as per that order. He attended the property for which he had obtained the decree with the Court Bailiff, panchas and the police on 17th April 1982. He obtained vacant possession. He affixed his locks on the

























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