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2013 Supreme(Bom) 421

S.C.DHARMADHIKARI
Chetan Anand Shetty – Appellant
Versus
Indrajeet Chandrasen Shirole – Respondent


Advocates Appeared:
For the Applicants:Y.S. Jahagirdar, Senior Advocate a/w G.S. Godbole, i/by S.S. Kanetkar, Advocates.
For the Respondents:A.Y. Sakhare, Senior Advocate a/w R.M. Pethe, Advocate.

JUDGMENT

1. Heard.

2. Rule. The Respondents waive service. By consent, Rule is made returnable forthwith.

3. This Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 20.01.2006 of the Small Causes Court at Pune in Civil Suit No.561/1999. This judgment and decree is confirmed by the lower Appellate Court on 30.11.2006 in Civil Appeal No.187/2006. The Applicants before me are the original Defendants.

4. The Civil Suit was filed for possession of the suit premises which are more particularly described in paragraph 1 of the plaint. The Respondents (original Plaintiffs) are owners of the premises and after setting out as to how the Applicants were inducted in the premises, what is referred to is that there was a family arrangement after death of one Dinkarrao Shirole. The property is allotted to the share of the Respondents/ Plaintiffs in terms of this arrangement. It is stated that the monthly rent of the suit premises is Rs.3,000/-. There is Lease Deed dated 12.12.1967 executed by the predecessor in title of the parties. What has then been alleged is that though the Plaintiffs are of advanced age, they are

























































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