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2024 Supreme(Online)(Bom) 963

BOMBAY HIGH COURT
SANDEEP V. MARNE, J
VAKIL SHAYAMRATHI SINGH – Appellant
Versus
ASHOK D. BHUTA AND ORS. – Respondent


JUDGMENT :

1) These Civil Revision Applications are filed by Obstructionists who have obstructed execution of the decree passed by the Appellate Bench of the Small Causes Court on 27 February 2003 by which, R.A.E. & R. Suit No. 1184/3460 of 1990 filed by the 0riginal Plaintiffs/Respondent Nos.1 and 2 has been decreed directing eviction of Defendant/Respondent No.3 from the suit property. Applicants in these Revision Applications claim to be owners of structures in their possession and it is their contention that the said structures do not form part of the decree for eviction and that therefore they cannot be evicted from their respective structures in execution of the said decree. Obstructionist Notice No.59 of 2003 taken out by the Decree Holders has been made absolute by the Executing Court by judgment and order dated 20 November 2017 directing the obstructionist/applicants to handover vacant and peaceful possession of the suit property to Plaintiffs. The said order dated 20 November 2017 passed by the Executing Court has been unsuccessfully tested by Applicants before the Appellate Bench of the Small Causes Court by filing various Appeals, which have been dismissed by the Appella

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