1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 154 OF 2009 Shri Kiran Prabhakar Ambekar & Ors. .. Petitioners. V/s. Abdul Rehman Haji Abdul Gafur .. Respondents. (since decesed by his Lrs.) and Ors. --- Mr. N.V.Bandiwadekar for the Petitioners/Applicants. Mr. A.N.Mulla for the Respondent Nos. 1(A)(i) to 1A (iv), 1(c), 1(d), 1(e), 1(f) and 2. --- CORAM : R. V. MORE, J. DATED : JULY 14, 2009 P.C. : 1. Heard Mr. Bandiwadekar and Mr. Mulla, the learned counsels for the petitioners and respondent nos. 1 and 2 respectively. 2. The respondent nos. 1 and 2 filed a suit for eviction against the petitioners under the Bombay Rent Act. The suit was decreed. The decree was confirmed upto Apex Court. Thereafter, this decree was put in execution by the respondent no.1. This execution was obstructed by the petitioners tenant 2 on the ground that one Smt. Mansoormisa Mohammed Shaikh has 1/5th share in the suit property in view of decree of partition in a special civil suit no. 29 of 1947. It is tried to be contended that the respondent nos. 1 and 2 by filing execution petition cannot obtain the possession of 1/5th share of the said Mansoornisa. The above contention of the petitioners has no merit. It is settled law that eviction suit can be filed by one of the co-owner. If the said Mansoornisa has 1/5th share in the suit property then she may get a separate possession from respondent nos. 1 and 2 in accordance with law. However, on this ground eviction decree which is confirmed up to the Supreme Court cannot be defeated. No error of jurisdiction was pointed out so as to enable me to interfere in my jurisdiction under Article 115 of the C.P.C.. 3. Hence, Revision application is rejected. (R.V. MORE,J.) .....