Syed Hussain Syed Chand vs Aminabi Shaikh Abdul Rahman
2016 Latest Caselaw 5869 Bom

                                                                WP 3631/2000
                                          1




                                                                          
                      IN THE HIGH COURT AT BOMBAY
                  APPELLATE SIDE, BENCH AT AURANGABAD




                                                  
                            WRIT PETITION NO. 3631 OF 2000

              Sayyed Hussain Sayyed Chand
              Since deceased through his L.Rs:




                                                 
     1A)      Sayyed Hafija Hussain,
              Age: 70 years, Occu: Household,
              R/o Juna Mangalwar Bazar, 3915,
              Ahmednagar.




                                       
     1B)      Sayyed Shamim Hussain,
              Age: 65 years, Occu: Business,
                             
              R/o As above.

     1C)      Sayyed Aziz Hussain,
                            
              Age: 38 years, Occu: Business,
              R/o As above.

     1D)      Sayyed Asif Hussain,
              Age: 35 years, Occu: Fitter,
      

              R/o As above.
   



     1E)      Sayyed Rafiq Husssain,
              Age: 34 years, Occu: Private Service,
              R/o As above.





     1F)      Saayyed Noora Gani,
              Age: 42 years, Occu: Household,
              R/o Naikwadi Mohalla, Opp. Noorani Masjid,
              Newasa, District : Ahmednagar.

     1G)      Sahih Shakila Razzak,





              Age: 32 years, Occu: Household,
              R/o Kasarwadi Walki,
              Tq. Nagar, District : Ahmednagar.

     1H)      Sayyed Munni Kalim @ Sayyed Shanas Kallim,
              Age: 30 years, Occu: Household,
              R/o Kafwan Khandoba Road, Gazinagar,
              Nalegaon, Ahmednagar.                ....Petitoners




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                                                                WP 3631/2000
                                       2




                                                                         
                      Versus




                                                 
              Aminabi Shaikh Abdul Rahman
              Since deceased through her L.Rs.

     1A-      Muktar Hussain Shaikh Abdul Raheman
              Age: 30 years.




                                                
              R/o 3915, Juna Mangalwar Bazar,
              Near Matan Market, Ahmednagar,
              Tq. and Dist. Ahmednagar.




                                    
     1-B      Nazir Ahmed Shaikh Abdul Raheman
              Age: 48 years, Occu.
              R/o 3915. Juna Mangalwar Bazar,
                             
              Near Matan Market, Ahmednagar,
              Tq. and Dist. Ahmednagar.
                            
     1-C      Sow. Mehmudavi W/o Shaikh Rajjak
              Age: 46 years, Occu;
              R/o Opp. Bedi Mazid, Main Road,
              Tq. and Dist. Ahmednagar.
      

     1-D      Bashir Ahmed S/o Shaikh Abdul
              Raheman, Age: 44 years, Occu.
   



              R/o Opp. Balasaheb Deshpande
              Hospital, Beside Advocate Kakade
              Nangare Galli, Ahmednagar
              Tq. and Dist. Ahmednagar.





     1-E      Sau. Abida W/o Jabbarkhan
              Age: 42 years, Occu.
              R/o Ramnagar, Vaiduwadi, Near
              Dhanshri Kirana Store, Hadapasar
              Pune. Tq. and Dist. Pune.





     1-F      Sau. Arifabi W/o Shaikh Azij
              Age: 40 years, Occu.
              R/o Opp. Hamid Bhangarwale,
              Behind Bombay Hospital,
              Mukundnagar, Ahmednagar
              Tq. and Dist. Ahmednagar.

     1-G      Shabbir Ahmed S/o Shaikh Abdul
              Raheman, Age: 38 years, Occu.




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                                                                            WP 3631/2000
                                                3




                                                                                     
              R/o 3915, Juna Mangalwar Bazar,
              Near Matan Market, Ahmednagar,
              Tq. and Dist. Ahmednagar.                            ...Respondents.




                                                          
                                                                       [Ori. Pltff.]


     Mr. B.S. Shinde h/f Mr. V.P. Latange, Advocate for petitioners.




                                                         
     Miss. Kazi Fatema h/f Mr. S.S. Kazi Advocate for respondents.

                                             CORAM : T.V. NALAWADE, J.
                                             DATED : 5th October, 2016.




                                             
     JUDGMENT :

1.

The petition is filed to challenge the judgment and

decree of Regular Civil Suit No. 723/1995 filed by the present

respondent under the provisions of Bombay Rent Control Act on

the ground of bonafide requirement. The decree was challenged

before the appellate Court, District Court and the appeal came

to be dismissed on 7.7.2016. It appears that since the year

2000, interim relief is given and stay is granted to the execution

of decree by this Court. Revision is available against the decision

of the District Court which has becomes final under the Rent

Control Act and revision provision is also there.

2. In view of these circumstances, the petition is

dismissed. Rule is discharged. The learned counsel for

petitioners prayed for continuation of interim relief. That is

refused.

[ T.V. NALAWADE, J. ] ssc/