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IN THE SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5103 OF 2006
MARUTI RAGHUNATH KADAM (D) BY LRS. Appellant(s)
CIVIL APPEAL NO. 5103 OF 2006
MARUTI RAGHUNATH KADAM (D) BY LRS. Appellant(s)
VERSUS
CHELLARAM JETHANAND MADHRANI & ORS. Respondent(s)
Heard Mr. Jadhav, learned counsel in support of this appeal and Mr. Navare, learned counsel appearing for the respondents.
The appellant had filed a suit for eviction of the licencee in the Court of Small Causes in
Mumbai. After obtaining a decree when the appellant went for execution of the decree, respondent Nos.1 and 2, who were found in possession of the suit premises, caused obstruction, and therefore an obstructionist notice was taken out. That obstructionist notice was made absolute by the Small
Causes Court but the High Court has taken the view that such a proceeding would not lie in the Court of
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Heard Mr. Jadhav, learned counsel in support of this appeal and Mr. Navare, learned counsel appearing for the respondents.
The appellant had filed a suit for eviction of the licencee in the Court of Small Causes in
Mumbai. After obtaining a decree when the appellant went for execution of the decree, respondent Nos.1 and 2, who were found in possession of the suit premises, caused obstruction, and therefore an obstructionist notice was taken out. That obstructionist notice was made absolute by the Small
Causes Court but the High Court has taken the view that such a proceeding would not lie in the Court of
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Small Causes. That view has been overturned by this
Court in Civil Appeal Nos.6726-6727 of 2013:
Prabhudas Damodar Kotecha & Ors. Vs. Manhabala Jeram
Damodar & Anr., decided on 13th August, 2013. In view thereof, the High Court was clearly in error in taking the view that such a proceeding would not lie in the Court of Small Causes. Therefore, this appeal is allowed and the impugned
Court in Civil Appeal Nos.6726-6727 of 2013:
Prabhudas Damodar Kotecha & Ors. Vs. Manhabala Jeram
Damodar & Anr., decided on 13th August, 2013. In view thereof, the High Court was clearly in error in taking the view that such a proceeding would not lie in the Court of Small Causes. Therefore, this appeal is allowed and the impugned
ORDER
and order passed by the High Court stands set aside. We may record that the appellants have already taken possession of the suit premises in the execution proceeding. This appeal is disposed of accordingly. ..........................J
(H.L. GOKHALE) .........................J
(J. CHELAMESWAR)
New Delhi;
September 30, 2013.
(H.L. GOKHALE) .........................J
(J. CHELAMESWAR)
New Delhi;
September 30, 2013.