ZILLA PARISHAD Vs. SANDIP MADHAV KHASE

JUDGEMENT

(1.) Heard both sides finally.

(2.) Revision Applicants who are original Defendant Nos. 1 and 3 have invoked jurisdiction of this Court under Sec. 115 of the Civil Procedure Code, taking exception to order dtd. 1/10/2024 below Exhibit-25 passed by 2nd Joint Civil Judge, Senior Division, Ahmednagar, Ahmednagar in RCS No.652/2024. Their application to reject plaint under Order VII Rule 11 of CPC has been turned down. Respondent No.1 is the Plaintiff in RCS No.652/2024 filed for the relief of declaration and injunction.

(3.) Respondent No.1 was allotted shop no.3 by Applicant No.1/Zilla Parishad on deposit of Rs.5000.00 with effect from 27/12/1999. He accordingly runs a grocery business. It is pleaded that he is punctual in paying rent and taxes. The shop in question is in good condition. Due to political rivalry, he has been targeted and the Respondents decided to evict him from the shop. Without giving him any opportunity, order was passed on 1/3/2024. In pursuance of that he was issued eviction notice of 15/7/2024, directing him to vacate the shop within fifteen days. He has thus challenged report, order dtd. 1/3/2024 and the notice dtd. 15/7/2024 by filing above referred suit on 30/7/2024.