C.V.BHADANG
Kumari Asha Parekhpvt Ltd – Appellant
Versus
Madhav Motors Stores – Respondent
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,
Brahmdeo Chaudhary vs. Rishikesh Prasad Jaiswal and Anr.
Challamane Huchha Gowda V/s.M.R. Tirumala and Another
Marshall Sons & Co. (I) Ltd. vs. Sahi Oretrans (P) Ltd and Another
Smt. Tahera Sayeed vs. M. Shanmugam and Others
Ubaldino Oliveira vs. Sadanand Ladu Borkar, Since deceased represented by LRs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.