REKHA GURUNATH MHASHELKAR Vs YASHWANT VICHARE
Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-010658-010658 / 2013
Diary number: 7151 / 2012
Advocates: GAURAV AGRAWAL Vs
BHASKAR Y. KULKARNI
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10658 OF 2013
REKHA GURUNATH MHASHELKAR Appellant(s)
VERSUS
YASHWANT VICHARE Respondent(s)
WITH
CIVIL APPEAL NO. 10720 OF 2013
J U D G M E N T
KURIAN, J.
1. The appellant filed a summary suit for eviction
in the year 2006, being RAE & R Suit No. 277/459 of
2006, on the file of the Small Causes Court, Mumbai.
That suit was decreed ex-parte by Judgment dated
14.03.2007. According to the appellant, even the
execution has been carried out. While so, the
respondent filed an application under Order IX Rule
13 CPC. That was allowed by order dated 06.05.2009.
The appellate court of the Small Causes Court, by
order dated 09.12.2012 affirmed the order passed by
the trial court. The appellant was unsuccessful
before the High Court.
2. During the pendency of the appeals before this
Court, we are informed that the Court of Small Causes
tried the suit afresh. The suit was decreed. That
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was affirmed by the Appellate Bench of the Small
Causes Court. According to the respondent, he
proposes to challenge the same before the High
Court .
3. In view of the above facts and circumstances of
the case, we make it clear that none of the
observations and findings made in the impugned orders
shall stand in the way of the respondent pursuing his
remedy before the High Court in accordance with law.
4. We make it further clear that the possession,
which has already been restored to the appellant,
shall continue with her, of course, subject to any
final orders that may be passed by the High Court in
the challenge proposed to be made by the respondent.
5. In view of the above, the appeals are disposed
of.
.......................J. [ KURIAN JOSEPH ]
.......................J. [ SANJAY KISHAN KAUL ]
New Delhi; September 19, 2018.