NARAYAN DAGADU PATIL Vs. HIRABAI GAJANAN MULIK

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioner/original Obstructor against the Respondents (Respondent No. 1 being Original Plaintiff/decree Holder and Respondent Nos. 2 and 3 being Original Defendants and Judgment - Debtors), being aggrieved by the Judgment and Order dated 28th January, 1987, passed by the 6th Addl. District Judge, Pune, in Misc. Civil Appeal No. 284 of 1986. By the impugned Judgment and Order, the learned 6th Addl. District Judge, Pune allowed the appeal of the Appellant/original Plaintiff/respondent No. 1 herein, Hirabai Gajanan Mulik and directed that she be put in possession of the suit premises by removing the obstruction of the Opponent (petitioner herein) in the execution proceedings of the decree, passed by the Civil Court in Civil Suit No. 2726 of 1977, which was confirmed in Regular Appeal No. 50 of 1983.

(2.) FEW facts, which are required to be stated, are as follows :

(3.) THE learned 4th Additional Judge, Small Cause Court, Pune, after recording evidence and after hearing all the parties, came to the conclusion that the applicant/decree Holder Hirabai had failed to prove that Opponent No. 3/present petitioner/narayan Dagadu Patil/obstructionist had no legal right, title and interest to cause obstruction in the execution of the decree. The learned Judge also held that the said Opponent No. 3, namely the present petitioner/obstructionist proved that he was the licencee of the suit premises since May 1972 of Opponent No. 1, namely Prabhatkumar Misra (Respondent No. 2 in the present petition) and as such, he became a deemed tenant of the suit premises. Observing this, he dismissed the application of the applicant/decree-Holder/hirabai which was made by her for removal of obstruction.