SHANTABAI RAMLAL PARDESHI Vs. UMABAI VISHWANATH DESHMUKH

JUDGEMENT

(1.) This is an application for restoration of the writ petition which was dismissed for want of prosecution on 12th September, 2007. For reasons stated in para 3 of the application, the writ petition is restored to the file. Writ Petition is taken up for hearing.

(2.) The petitioner is challenging judgment and order passed by the IIIrd Additional Judge, Small Causes Court, Pune, in Civil Suit No.1776/1977 whereby the suit filed by the respondent for recovery of the premises which were given on lease to the petitioner was decreed on the ground that the petitioner was a defaulter within the meaning of Section 12(3)(a) and decree for eviction was passed by the trial Court. The petitioner had challenged this judgment and decree by filing an appeal before the District Judge, Pune. The District June, confirmed the order of the trial Court and dismissed the appeal of the petitioner. Being aggrieved by the aforesaid order, the petitioner has filed this petition under Article 227 of the Constitution of India.

(3.) The petition was dismissed for want of prosecution on number of occasions, however, it was subsequently restored. The petitioner was directed to deposit monthly rent from time to time and undertaking to that effect was given by him. Inspite of the undertaking, rent was not deposited and as a result, the stay which was granted to the execution of the decree passed by the lower court was vacated and the respondent executed the decree and was put in possession of the premises legally in the execution proceedings. Thereafter, the building was demolished and a new building has been constructed by the respondent-landlord.