ABEDALI KHAN RAHEMATALI Vs. DEVIDAS DHONDUJI POGHE

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of parties, this petition is heard finally at the stage of admission.

(2.) By this writ petition, petitioner takes an exception to the order dated 2 nd May 2011 passed by 5 th Civil Judge, Junior Division, Hingoli wherein the objection raised by the petitioner/judgment debtor in Execution Proceedings No.3 of 2011 was rejected.

(3.) Petitioner has filed a Civil Suit bearing No.96/2010 on 6.8.2010 for injunction in which it is prayed that the respondent/defendant be restrained from evicting the petitioner, without due process of law. It is the case of the petitioner that in the month of February 2000, respondent let out his house No.7 for rent of Rs.500/- per month and since then he is residing there as a tenant by paying amount of Rs.500/- from time to time without any arrears. Respondent in 2010, started disturbing the possession of the petitioner and directed him to vacate the premises. Respondent had entered the house and asked him to vacate it. Respondent filed written statement on 23.9.2010 and denied all the averments made and contentions raised by the petitioner. Respondent denied that petitioner is a tenant and is paying rent of Rs.500/- per month. It was contended that petitioner has deceptively inducted himself in the said house and has illegally taken the possession of the house from one Suryawanshi. The parties thereafter arrived at settlement and they submitted written compromise purshis on 28.9.2010 before the Court. The Court, on the same day recorded presence of the parties along with the advocates and verified that the contents of compromise which were affirmed by both the parties and passed the order accordingly.