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2011 Supreme(Bom) 1155

A.S.OKA
Raghunath R. Shingate – Appellant
Versus
Jayant Gajanan Pathak – Respondent


Advocates appeared:
For the Appellant:V.S. Kapse, Advocate.
For the Respondents:R1, R.S. Apte, Senior Counsel i/by Mandar Limaye & Shreekant V. Gavand, Advocates.

Judgment :

This is an Appeal preferred by one of the Obstructionists for challenging the Judgment and Order dated 7th December, 2009 passed by the learned Judge of the City Civil Court, Mumbai. The first Respondent is the original Plaintiff. It is not in dispute that the first Respondent filed a suit under Section 6(1) of the Specific Reliefs Act, 1963 (hereinafter referred to as “the said Act”) for possession of the suit premises against the second to fourth Respondents. The suit was decreed. The execution of the Decree was obstructed by the Appellant and two others. Therefore, a Chamber Summons was taken out by the first Respondent by invoking Rule 97 of Order XXI of the Code of Civil Procedure, 1908 (hereinafter referred to as “the said Code”). By the impugned Judgment and Order, the said Chamber Summons has been made absolute. The Appellant has preferred this Appeal by relying upon Rule 103 of Order XXI of the said Code.

2. learned Senior Counsel appearing for the first Respondent raised an objection to the maintainability of the present Appeal. His submission is that in view of Subsection (3) of Section 6 of the said Act, an Appeal against the Decree passed in a suit under Sect
























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