MOHAN KRISHNAROA GUNJAL Vs. PRABHAKAR PURSHOTTAM JOSHI

JUDGEMENT

(1.) Heard Mr. Tejas D. Deshmukh, learned Counsel for the applicant and Mr. Sachin Dhakephalkar, learned Counsel for the respondent, at length.

(2.) By this application under Section 115 of Code of Civil Procedure, 1908 (for short, CPC), the applicant, hereinafter referred to as the 'plaintiff', has challenged the judgment and order dated 15.7.2006 passed by learned IInd Additional Judge, Small Causes Court, Pune in Misc. Application No. 47/2006. By that order, learned trial Judge allowed the application made by the respondent, hereinafter referred to as the 'defendant' for condonation of delay in filing application for restitution under Section 144 of CPC.

(3.) The plaintiff had instituted Civil Suit No. 2050/1980 against the defendant for possession of plot Nos. 41 and 42 situate at Bhamburda (Shirajinagar), Pune in the Small Causes Court at Pune on the ground that the defendant has stopped paying rent to the plaintiff. Plot No. 41 admeasuring 5565 sq. ft. i.e. 517 sq. mtrs. was vacant. In plot No. 42 there was a building consisting of six flats. On 30.10.1985, the suit was decreed. The plaintiff filed execution proceedings No. 143/1986. On 24.2.1986, the plaintiff obtained possession of vacant plot No. 41. Possession of plot No. 42 could not be taken as the building consisting of six flats was constructed over it.