1 WP No.10292/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10292 of 2010 Jayesh Vasantlal Mehta ... Petitioner versus Fakhruddin Nomanbhai Dohadwala ... Respondent ... Mr. Sanjay Jain i/b L.V. Jain for the petitioner Mr.K.A.Shah i/b D.P. Shah for the respondent. CORAM : D.G. KARNIK, J DATED : 3rd February 2011 P.C. 1. Heard both sides. 2. Taking into consideration the conduct of the petitioner, in my view this is not a fit case for exercise of an extra ordinary jurisdiction under Article 227 of the Constitution of India. 3. A decree for possession was passed, ex-parte against the petitioner in a suit for eviction filed by the respondent. The decree was put to execution and the possession of the suit premises was recovered by the respondent through the court bailiff. The petitioner, thereafter, applied for setting aside of the ex-parte decree and the application is 2 WP No.10292/10 pending before the Small Causes Court. However, instead of following the due process of law, the petitioner/his wife dispossessed the respondent. Thereupon the respondent applied to the Small causes Court for restoration of the possession and the application was allowed. That order is impugned in the present writ petition. 4. The petitioner ought to have followed due process of law and ought not to have taken law in its own hands and dispossessed the respondent who has lawfully obtained the possession of the suit premises in execution of the decree. 5. Taking into consideration the conduct of the petitioner/his wife in taking law in their own hands, I decline to entertain the petition which has filed for invoking an extra ordinary jurisdiction under Article 227 of the Constitution of India. The petition is rejected summarily. (D.G.KARNIK, J)