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2010 Supreme(Bom) 851

R.G.KETKAR
Savitribai Vishnupant Vaske – Appellant
Versus
Faruk Abdulrahim Patel – Respondent


Advocates Appeared:
Mr.P.S.Dani i/by Mr.R.D.Suryavanshi for the Appellants. Mr.Umesh Mankapure for Respondent Nos.1 to 5.

Judgment :

Heard Mr.Dani, learned counsel for the Appellants and Mr.Mankapure, learned counsel for the Respondents.

2. Admit. Mr.Mankapure waives service on behalf of the Respondents. By consent, appeal is taken up for final hearing.

3. This appeal is preferred by the original defendants against the judgment and decree dated 14th October, 2008 passed by the learned Civil Judge, Senior Division, Karad in Special Civil Suit No.13 of 2003. By that judgment, the learned trial Judge decreed the suit instituted by the Respondents and directed the appellants to deliver the vacant possession of the suit property within two months from that order. The appellants were further directed to pay Rs. 13,380/- being the arrears of rent till the date of filing of the suit and Rs.5,000/- per month by way of damages from the date of institution of the suit till the delivery of vacant possession. The parties shall hereinafter be referred as per their original status in the trial Court.

4. The plaintiffs instituted suit for recovery of possession of a open plot having length eastwest northern side 80 ft. and southern side 100 ft. and the width south-north 90 ft. adjacent to the western road out of C.S.N












































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