1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7135 OF 2008 Haresh Jayantilal Shah & Anr. ..Petitioners V/s. Hiralal Maneklal Shah & Ors. ..Respondents ---- Mr.P.G.Chavan for the petitioners. Mr.Rakesh Pandey i/by S.V.Pandey for respondent nos.1 to 12. Mr.Machindra Deshmukh for respondent no.13. ---- Coram : R.S.MOHITE,J Date : 13th July, 2009. PC 1 This is a petition filed by the original obstructionists impugning a judgment and order dated 30.9.2008 passed by the Small Causes Court and confirmed in Appeal No. 606/2008. By the order dated 30.8.2008 a single Judge of the Small Causes Court made obstructionists’ notice no.18/2007 absolute and directed the obstructionists to deliver peaceful and vacant possession of the suit premises which was room no.11, 1st floor 87, Kika street, Mumbai-400 004. This order was passed ex-parte. The matter was then carried by two of the obstructionists in appeal before the Division Bench of the Small Causes Court and the appeal was also dismissed ex-parte. 2 At the stage of the hearing of this petition, since it was noticed that it was the case of the obstructionists that their father was tenant in respect of the suit premises since 1973, they were called upon to show documents in support, but the obstructionists do not have a 2 single document in support of their contention that they are the tenants. On the contrary some of the documents show that the obstructionists are carrying out business in the different premises. In this background, even their contention that they were sleeping partners with the original defendant no.13, against whom a decree was passed, does not appeal to the court. Apart from this they have chosen to remain absent in both the lower Courts. In my view, this is not a fit case to interfere in the writ jurisdiction. Hence, petition is summarily rejected. ( R.S.MOHITE, J. )