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2021 Supreme(Bom) 1063

C.V.BHADANG
Kumari Asha Parekhpvt Ltd – Appellant
Versus
Madhav Motors Stores – Respondent


Advocates appeared:
S.C. Naidu, Advocate, Manoj Gujar, Advocate, Aniketh Poojary, Advocate, Sudeshkumar Naidu, Advocate, C.R. Naidu, Advocate, Ranjit Thorat, Advocate, S.R. Page, Advocate

JUDGMENT

C V Bhadang, J. - This is yet another case which fortifies that it is easy to obtain a decree than to get it executed.

2. This is a case, where the obstructionist (who according to the decree holder is a sub-lessee/dealer of the original defendant) is obstructing the execution of the decree, for eviction, although the original lessee is willing to surrender possession, and at the same time is also resisting the claim for compensation/occupation charges, although being in possession of the suit property, which is commercial in nature.

3. The Writ Petition and the Civil Revision Application are between the same parties and have been directed to be heard together. This Court had also indicted that the matters will be taken up for final disposal. Accordingly, the parties are heard and the civil revision application and the writ petition are being disposed of finally by consent of parties. For the sake of convenience, the facts are narrated with reference to the Writ Petition.

4. The Petitioners in Writ Petition No. 2398 of 2020 are the Trustees of Santacruz Resident Association ('SAR' for short), which is a public charitable trust registered under the Maharashtra Public Trust Act,

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