GEETANJALI SAREE EMPORIUM Vs. VIJAYKUMAR LAXMAN VAIDHYA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner/original Defendant in Reg.Civil Suit No.210 of 1986, has challenged the Judgment and Decree dated 8th December, 2001 which has been confirmed by the 3rd Additional District Judge, Kolhapur in Reg.Civil Appeal No.131 of 2001 by his judgment and order dated 27th September, 2005. The decree is of eviction against the present petitioner and he has been directed to hand over vacant and peaceful possession of the suit premises to the respondent/original plaintiff.

(2.) It is not in dispute that Reg.Civil Suit was heard along with two other suits being Reg.Civil Suit No.577 of 1986 and 912 of 1987. One of the suits was filed by the original respondents/ plaintiffs before me against Kolhapur Municipal Corporation whereas the third suit was filed by the petitioner/tenant against Kolhapur Municipal Corporation for perpetual injunction.

(3.) In the instant petition, I am not concerned with the judgment and decrees in other suits. However, a reference to those suits and decrees passed therein, so also the challenge thereto in second appeal before this Court may have to be made. Save and except this limited aspect, the other matters are distinct and should not detain me in deciding the present petition.