RAMCHANDRA AMBAJI GITE Vs. MADHUKAR VINAYAK LIMAYE

JUDGEMENT

(1.) Heard Shri Surana, Advocate for the petitioner, and Shri Limaye, Advocate, in person as respondent. The petitioner had filed a suit in the Small Causes Court, Pune, way back in the year 1973 for possession. Unfortunately even after 12 years have elapsed, the petitioner is yet to get the fruits of his decree. There are various averments in this petition made by the decree-holder that the respondent-judgment-debtor has been protracting the litigation one way or the other. This Court is quite concerned with the dilatory tactics adopted by various litigants in the Court. But suffice it to say that the present case does not need any elaboration on that aspect of the case as this matter could be disposed of on the question of tenability of the proceeding under O.9 Rule 13 of the Code of Civil Procedure.

(2.) The petitioner filed Civil Suit No. 3328 of 1973 before the Judge of the Small Causes Court, Pune on November 23, 1973. It was decreed in his favour on December 15, 1983 after ten years and after several interim orders and remand etc. After the decree was passed, the respondent judgment-debtor filed an application under Order9, Rule 13 of the Code of Civil Procedure fore setting aside the said decree on the ground of it being an ex-parte decree. This proceeding was Misc Civil Application No. 980 of 1983. By order dated April 7, 1984 this application was rejected. The respondent did not challenge this order holding that the decree was not an ex-parte decree. Thereafter the respondent-judgment debtor preferred a regular appeal bearing Civil Appeal No. 133 of 1984 against the original decree passed on December 15, 1983. The said appeal also came to be dismissed by an order of the District Judge on November 15, 1984.

(3.) The respondent thereafter preferred a writ petition under article 227 of the Constitution of India before the High Court bearing Writ Petition No. 549 of 1985. The said writ petition also was rejected by the Court in limine on February 11, 1985.