MARUTI RAGHUNATH KADAM (D) BY LRS. Vs CHEILARAM JETHANAND MADHRANI .
Bench: H.L. GOKHALE,J. CHELAMESWAR
Case number: C.A. No.-005103-005103 / 2006
Diary number: 3538 / 2006
Advocates: SHIVAJI M. JADHAV Vs
NARESH KUMAR
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5103 OF 2006
MARUTI RAGHUNATH KADAM (D) BY LRS. Appellant(s)
VERSUS
CHELLARAM JETHANAND MADHRANI & ORS. Respondent(s)
O R D E R
Heard Mr. Jadhav, learned counsel in support
of this appeal and Mr. Navare, learned counsel
appearing for the respondents.
The appellant had filed a suit for eviction
of the licencee in the Court of Small Causes in
Mumbai. After obtaining a decree when the appellant
went for execution of the decree, respondent Nos.1
and 2, who were found in possession of the suit
premises, caused obstruction, and therefore an
obstructionist notice was taken out. That
obstructionist notice was made absolute by the Small
Causes Court but the High Court has taken the view
that such a proceeding would not lie in the Court of
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Small Causes. That view has been overturned by this
Court in Civil Appeal Nos.6726-6727 of 2013:
Prabhudas Damodar Kotecha & Ors. Vs. Manhabala Jeram
Damodar & Anr., decided on 13th August, 2013. In view
thereof, the High Court was clearly in error in
taking the view that such a proceeding would not lie
in the Court of Small Causes. Therefore, this appeal
is allowed and the impugned judgment and order
passed by the High Court stands set aside. We may
record that the appellants have already taken
possession of the suit premises in the execution
proceeding. This appeal is disposed of accordingly.
..........................J (H.L. GOKHALE)
.........................J (J. CHELAMESWAR)
New Delhi; September 30, 2013.