SHANKAR MANAJI JADHAV Vs. WAMANRAO KESHVRAO YADAV

JUDGEMENT

(1.) IN this writ petition, there is a challenge to the order dated 28/08/1991 passed by the District Court, Satara, on Exhibit 57 in Darkhast No. 37 of 1985 in Regular Civil Suit No. 20 of 1981.

(2.) THE petitioners are original defendants. The respondent original plaintiff had filed Regular Civil Suit No. 20 of 1981 for possession of the lands situated at village Khandala, Pargaon, District Satara. On 29/06/1984 when the suit was called on for final hearing the petitioners and their Advocates were absent and, hence, exparte decree came to be passed. It is an admitted fact that the petitioners did not take any steps for setting aside the exparte decree nor did they file any appeal.

(3.) ON 10/10/1985, the respondent filed Regular Darkhast No. 37 of 1985 and sought possession of the land. It is the case of the respondent that when he had gone to take possession of the land, the petitioners obstructed him and hence he filed an application under section 47 of the Code of Civil Procedure ('the Code' for short) read with Order XXI, Rules 97 and 101 thereof, praying that the possession of the land be handed over to him by removing obstruction. It was contended by the respondent that the petitioners had not filed any appeal against the decree, that during the pendency of the suit, the respondent had obtained temporary injunction restraining the petitioners from constructing the house on the suit property, and that despite the injunction order, the petitioners had constructed the house on the suit property and, therefore, in the circumstances, the obstruction be removed and possession of the suit property be handed over to him.