RANSUKH Vs. HANGAMABAI

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition takes exception to the order dated 23/12/2010 passed by the learned 4 th District Judge, Amravati, by which order the application filed by the respondent no.2 being Exh.46 for dismissal of the Appeal, as being abated, came to be allowed and the Appeal filed by the petitioners came to be dismissed as being abated.

(3.) The facts necessary to be cited for adjudication of the above petition can be stated thus The petitioners herein are the heirs of one Ramsukh Mishrilal Jadiya, who was the original plaintiff along with one Sau.Sitabai and Sau.Kamalabai, who were his sisters and who had filed Small Cause Civil Suit No.189 of 2002 for ejectment and possession against the respondents under Section 16(1)(g) and (i) of the Maharashtra Rent Control Act, 1999 in respect of the ground floor shop. The said plaintiffs had succeeded to the said shop in question and other properties upon the death of one Kesharbai and that they became co owners/joint owners of the suit property. In the said suit the respondents filed their written statement opposing the suit. The parties led evidence in support of their respective cases. The Trial Court on the consideration of the material on record dismissed the suit by its judgment and order dated 30/12/2003.