SHARAD GAJANAN AMBOLE Vs. GAURAMMA KUMARAPPA MEDAR

JUDGEMENT

(1.) The present appeal is by obstructionists nos. 1, 2 and 3 against an order dated 3-9-2007 passed by the Bombay City Civil Court at Bombay (the executing Court) in Chamber summons no. 602 of 2007 in civil suit no. 6805/1994 as chamber summons taken out by the decree holder against the obstructionists to the execution of the decree in the judgement has been allowed by further observing that the obstructionists are disentitled to any right and interest in the property.

(2.) The Plaintiff/decree holder filed the suit against the defendants for eviction and possession. The plaintiff is original tenant of the premises i.e. 10A. The suit was against the judgement debtors by holding them to be the trespassers. The first appeal no. 630/1998 filed by the judgement debtor was dismissed on 11-2-2005 and further the said dismissal was confirmed by the Supreme Court on 18-3-2005. While dismissing the SLP (Special Leave Petition) the original defendants/judgement debtors were given time till 30-9-2005 to vacate the said premises upon filing an usual undertaking within four weeks. The said undertaking was also filed on behalf of all but signed by only one defendant.

(3.) On 27-9-2005 in the meantime, the obstructionists have acquired tenancy rights directly from the landlord who were not party to a suit and/or any such proceedings and even in the Supreme Court. The said lease/deed has been duly registered and also placed on record alongwith an affidavit in reply to this chamber summons. The obstructionists have been in possession of the said premises since 27-9-2005 i.e. date of tenancy agreement. Therefore, when the application was moved for execution, the obstructionists objected the same that resulted into present chamber summons in question.