Bal Krishna R Ghogre vs Kersi P. Gandhy And Ors
2021 Latest Caselaw 17995 Bom

                                                                                        901-fa-646-2021.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                                 FIRST APPEAL NO.646 OF 2021
                                                            WITH
                                             INTERIM APPLICATION NO.4281 OF 2021

                      Bal Krishna R. Ghogre                                 ...Applicant/Appellant
VISHAL                           vs.
SUBHASH               Kersi P. Gandhy and Others                                 ...Respondents
PAREKAR
Digitally signed by
VISHAL SUBHASH
PAREKAR               Mr. Rohan Caama                  i/b.   Ms.   Sapna    Rachure,    for       the
Date: 2021.12.23
17:52:20 +0530        Applicant/Appellant.

                                                     CORAM :    N. J. JAMADAR, J.

                                                     DATE :     DECEMBER 23, 2021

                      P.C.:

                      .       Heard the learned counsel for the appellant.

2. Learned counsel informs the Court that the respondents have

been served. Learned counsel undertakes to fle affdavit of service.

3. The challenge in this appeal is to a decree of eviction passed

by the learned Judge, City Civil Court, Mumbai on 30 th November,

2021 whereby the appellant/defendant was directed to hand over

the vacant and peaceful possession of the suit premises i.e.plot No.

35, Sasoon Dock Estate, Street No. 121-K-A, Colaba, Mumbai within

a period of one month from the date of the decree.

4. Learned counsel for the applicant/appellant submits that

though the judgment was passed on 30th November, 2021, its

certifed copy was made available to the appellant yesterday only.

                      Vishal Parekar, P.A.                                                             ...1
                                                             901-fa-646-2021.doc

4. In the backdrop of the aforesaid submission and as the decree

is one of eviction, issue notice to the respondents returnable on 11 th

January, 2022.

5. The applicant/appellant is at liberty to serve the respondents

by private service and fle affdavit of service.

6. In the meanwhile, there shall be an ad-interim stay to the

execution, operation and implementation of the impugned judgment

and decree dated 30th November, 2021 in Suit No. 3002 of 2004.

7. List on 11th January, 2022.

                                          (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                       ...2