TUKARAM MORABA JAUNJAL(DECD.) BY LH. and LR. and ORS. vs MANGALA BALKRISHNA PATWARDHAN AND ORS.

Judgment text excerpt

-WP3780-1998.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3780 OF 1998 Tukaram Moraba Jaunjal (since deceased) 1. Dattatraya Tukaram Jaunjal (since deceased) through his LRs a. Laxmibai Dattatraya Jaunjal SANTOSH b. Sunil Dattatraya Jaunjal SUBHASH KULKARNI c. Ravindra Dattatraya Jaunjal Digitally signed by SANTOSH SUBHASH 2. Shrikant Tukaram Jaunjal KULKARNI Date: 2025.07.11 10:18:32 +0530 3. Vasant Tukaram Jaunjal 3A. Sujata Vasant Jaunjal 3B. Sandip Vasant Jaunjal ...Petitioners 3C. Rohit Vasant Jaunjal Versus 1. Mangala Balkrishna Patwardhan 2. Vasant Balkrishna Patwardhan 3. Mukund Balkrishna Patwardhan …Respondents Mr. Avinash Patil, for the Petitioners. Mr. Anilkumar Patil, a/w Zeel Jain and Digvijay Patil, for Respondent Nos.1 and 2. CORAM: N. J. JAMADAR, J. RESERVED ON : 1st JULY, 2025 PRONOUNCED ON : 10th JULY, 2025 JUDGMENT:- 1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally. 2. This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a judgment and decree dated 30th June, 1998 passed by the learned 1/14 -WP3780-1998.DOC Additional District Judge, Sangli, in Regular Civil Appeal No.105 of 1989, whereby the appeal preferred by the petitioners – defendant Nos.1a to 1c against a decree of eviction passed by the Trial Court in RCS/401/1985 came to be dismissed by affirming the said decree. 3. The background facts can be stated in brief as under: 3.1 The respondents – plaintiffs are the owners of the shop premises. Tukaram Morba Jaundal, the original defendant-the predecessor-in-title of the petitioners, was a monthly tenant of the suit shop situated at Suit No.463/12 at Maruti Square, Gaon