MOHANJI MAKHIJANI Vs. D G BILANI

JUDGEMENT

(1.) THE Respondent Nos. 1 and 2 obtained a decree for possession in r. A. E. Suit No. 4649 of 1967 on 30-11-1973 against G. K. Makhijani, father of the present appellant. The said Makhijani, filed an appeal in the Small Causes Court at Bombay against the aforesaid decree. In that appeal, it appears that the present appellant was joined as a party along with other family members. During that appeal, stay of obstructionist proceeding was granted. The appeal however came to be dismissed for default in the year 1989.

(2.) EARLIER the decree was put in exeuction and the present appellant and some others along with him had resisted the execution. The obstructionist notice was taken out being notice No. 292 of 1980 and it was stayed and adjourned since die pending the appeal. However, after the appeal was dismissed the stay was not vacated. Mr. Kanuga submits that the Respondent nos. 1 and 2 have moved for vacating the said order and the matter is fixed tomorrow.

(3.) IT is obvious that the proceedings in the obstructionist notice which are held up ought to proceed as early as possible. It is, therefore, directed that the Court of Small Causes at Bombay shall dispose of the obstructionist notice in the light of the order as may be passed regarding vacating of stay that was granted in the appeal, within a period of eight weeks from the date of passing of the order on the application for vacating the stay.