Dilip Raghunathrao Mahalle v. Sanjay S/O. Vinayakrao Pant And Another

0612wp1838.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1838 of 2016 (Dilip Raghunathrao Mahalle v. Sanjay s/o Vinayakrao Pant and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.S. Dhengale, Advocate for Petitioner.

Shri C.A. Babrekar, Advocate for Caveator/Respondent No.1. Coram : R.K. Deshpande, J.

Date : 6 th December, 2016 The petitioner claims to be the tenant, in possession of the property, which was sold in auction in execution of the order passed by the State Consumer Dispute Redressal Commission. The respondent No.1 is the decree-holder, who is to get the amount, whereas the respondent No.2 is the person, who has purchased the property. In such a situation, it is not possible to understand any objection on behalf of the petitioner to the executability of the order passed by the State Consumer Dispute Redressal Commission.

Shri S.S. Dhengale, the learned counsel appearing for the petitioner, submits that the petitioner is in possession of the suit property as a tenant, and merely because the property is sold to the respondent No.2, his possession cannot be disturbed.

0612wp1838.16.odt It is open for the petitioner to adopt appropriate remedies to protect his possession in accordance with law. No interference is called for.

The petition is dismissed.

Judge.

Lanjewar