UTTAM NAMDEO MAHALE Vs. VITHAL DEO

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the order of the High Court of Bombay, made on January 20, 1997 in Writ Petition 6182 of 1996.

(3.) The admitted position is that the respondent No. 1 is the owner of the property and earlier a notice was issued to the appellant to vacate the land in question. That order of eviction became final with the confirmation of the order by this Court in a special leave petition. Thereafter, proceedings were initiated for execution. An objection has been raised on the ground that since more than 12 years have elapsed, the order cannot be implemented. The High Court has pointed out that under Section 21 of the Mamlatdar's Court Act, 1906, it has not prescribed any limitation for execution of the orders vide the Division Bench judgment of the High Court of Bombay in Babaji Khanduji v. Kushaba Ramji, (1906) 8 Bom LR 218.