SUPREME COURT OF INDIA

Suman Madhavrao Ambre

Vs.

Anilkumar Damodar Paithankar

S.L.P. (C) No. 17071 of 2004

(B. N. Agarwal and H. K. Sema JJ.)

30.08.2004

ORDER

1. Heard learned counsel for the parties.

2. We do not find any ground to interfere with the impugned order. The special leave petition is, accordingly, dismissed.

3. It appears that the eviction proceeding commenced in the year 1991 on the ground of reasonable and bona fide requirement of the landlord. In view of this, we are of the view that it is unfortunate that the litigation has remained pending for 13 years. Now it is high time that the respondent must get vacant possession of the premises in question. Accordingly, the Executing Court, upon filing of an application for execution, shall see that vacant possession of the premises in question is made over to the respondent within a period of two months from today and if for execution of order of eviction any armed force is necessary, the concerned Superintendent of Police shall see that the same is deputed within 48 hours from the time requisition is received from the court concerned. While executing the order of eviction if any other person is found to be in possession, he shall also be evicted from the premises in question.