SOMNATH T.KUBER vs MEGHRAJ KADADI

Judgment text excerpt

-WP-5547-1998-MODIFIED.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5547 OF 1998 Somnath Tukaram Kuber, Adult, Resident of Kurundwadi, Taluka Madha, District Solapur. ..Petitioners Versus 1. Meghraj Medeppa Kadadi, Deceased through legal heirs/representative 1-a Smt. Hemlata Meghraj Kadadi Age: 70 years, Occ.: Household 1-b Sarita T.G., Age: 46 years, Occ.: Household, Both residing at Ganga Niwas, Opposite Kaliapur Maruti Mandir, Railway Lines, Solapur. ARUN RAMCHANDRA SANKPAL 2. Dharmraj Annaraj Kadadi Digitally signed Age.: 56 years, Occ.: Business, by ARUN RAMCHANDRA SANKPAL Res.: 147, Railway Line, Ganga Niwas, Date: 2025.08.13 10:34:00 +0530 Solapur. …Respondents Mr. S. S. Borulkar, for the Petitioner. Mr. Ajit V Alange, for the Respondent. CORAM: N. J. JAMADAR, J. RESERVED ON: 24th JULY 2025 PRONOUNCED ON : 7th AUGUST 2025 JUDGMENT: (Corrected order as per Speaking to the Minutes of Order dated 12 th August 2025) 1/19 -WP-5547-1998-MODIFIED.DOC 1. This Petition under Article 227 of the Constitution of India, calls in question the legality, propriety and correctness of a judgment and order dated 21st September 1998 passed by the learned District Judge , Solapur, in Civil Appeal No. 489 of 1994, whereby while dismissing the Appeal preferred by the Petitioner against a decree of eviction passed in RCS No. 204 of 1989 by the learned Civil Judge, Madha, Solapur, on the ground of default in payment of rent, the learned District Judge also passed the decree of eviction on the grounds of unauthorized erection of permanent structure, non-user of Suit premises for the purpose for which it was let and nuisance. 2. The background facts can be summarised as under: 2.1 The deceased Respondent No.1 had constructed a ch