JUDGMENT :

A.S. Chandurkar, J.

Heard learned counsel for the parties at length.

2. The challenge raised in the present writ petition is to the order passed below Exhibit 56 by the Executing Court thereby rejecting the objection filed by the petitioner under Section 47 of the Code of Civil Procedure, 1908 (for short, 'the Code') to continuation of the execution proceedings initiated by the respondent no.1 herein. The subsequent order passed below Exhibit 72 rejecting the review application is also under challenge.

3. The facts in brief are that the respondent no.1-original plaintiff is the owner of a shop admeasuring about 120 square feet. The same was let out to the predecessor of the respondent nos. 2(a) and 2(b). The plaintiff filed Small Cause Suit No.38/2009 seeking eviction of the said tenant on the ground that he had bonafide need of the suit premises and that the suit premises had been illegally let out to the defendant no.2- petitioner herein unlawfully. The defendant no.1 who was the tenant filed his written statement and denied the case as pleaded. He denied that he had inducted the defendant no.2 as a subtenant and pleaded that the defendant no.2 was working in the shop of t