SAVITRIBAI A SALVI Vs. SUMAN NAVGIRE

JUDGEMENT

(1.) While issuing Notice on 13th January, 2009 this Court directed that the matter would be listed for Final Disposal. Accordingly, by consent I have heard final arguments of parties. Hence, Rule. Respondent Nos. 1 and 2-A to 2-D waive service.

(2.) By this petition under Article 227 of the Constitution of India, the petitioner challenges the order dated 12th June, 2008 in Civil Appeal No. 586 of 2007. The learned Dist. Judge - 12, Pune dismissed this appeal and confirmed the order of the Executing Court dated 16th August, 2007 below Exh. 37 in pending Darkhast No. 82 of 2000. This is the second time when the petitioner has approached this Court in writ jurisdiction.

(3.) The petitioner has suffered a Decree of Eviction in respect of an Immovable property and when the said decree was put in Execution by the Decree Holder/respondents, he raised an objection to its enforceability and executability on the ground that the decree is null and void. That objection was overruled by the Executing Court and the appeal therefrom has also been dismissed. Consequently, this petition.