Mathuradas Vassanji And Anr. vs Tulsidas Damodar Ganatra on 5 October, 1949
As the observations of Shah J. in Gopal Anant's case were mere obiter, the learned Judge of the Small Causes Court felt himself bound to follow the decision of Bavdekar J. Accordingly he held that he had no alternative but to stay execution of the warrant of possession until the suit for compensation for trespass intended to be filed by the opponent was disposed of. He accordingly directed that the execution be stayed pending the disposal of the suit by the Bombay City Civil Court. It is against this order that the applicant trustees came in revision. The revision application came on for hearing before Shah J. The advocates at the bar inform us that this application was not argued on merits before the learned Judge.