AJIT SHRIPATH OAK Vs. D D UDESHI

JUDGEMENT

(1.) RULE. By consent, the rule is made returnable forthwith.

(2.) ALL these petitions arise from a common judgment passed by the trial court as well as by the lower Appellate Court and the revisional Court and they were heard together and are being disposed of the common judgment.

(3.) A civil suit bearing R. A. E. Suit No. 492 of 1990 came to be instituted by. the respondents against the petitioner on 8-1-1990 which was decreed on 6-11-2000, whereby there is the decree for eviction of the petitioner on the ground of bonafide need of the premises for the respondents as well as on the ground of non-user of the premises by the petitioner. A public notice came to be issued regarding the said decree on 22-12-2000 which was followed by execution proceedings initiated by the respondents being Misc. Notice No. 6 of 2001. The said execution proceedings were sought to be contested by the petitioner by filling reply through his next friend on 6-3-2002. Rejoinder and sur-rejoinder came to be filed on 20-3-2002 and 3-4-2002 respectively. Simultaneously, proceedings were initiated in the form of Misc. Notice of Motion no. 349 of 2002 by the petitioner through the next friend on 24-4-2002 and the said proceedings were for appointment of guardian for the petitioner. Same were contested by the respondents by filling reply on 31-5-2002, however, sought to he justified in rejoinder dated 10-6-2002 by the petitioner through his next friend.