Dr. Narendra S/O Laxminarayan ... vs Rajesh S/O Rasikbhai Rajguru And ...
2021 Latest Caselaw 565 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR.

                         WRIT PETITION NO. 220 OF 2021
                    Dr. Narendra s/o Laxminarayan Bhadupotey
                                       Vs.
                    Rajesh s/o Rasikbhai Rajguru and another
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.
                  Shri R.L. Khapre, Senior Advocate a/b Shri D.R. Khapre, Advocate for
                  petitioner.


                                 CORAM : V.M. DESHPANDE, J.

DATE : JANUARY 11, 2021.

Heard Shri R.L. Khapre, learned Senior Counsel for the petitioner. He submits that the petitioner who is landlord had filed a suit for eviction and for mesne profit. The said suit was registered as Regular Civil Suit No.165 of 2011. The need putforth by the petitioner for opening a hospital for personal need. The said suit was decreed in part by the learned trial Court thereby though the decree of possession was granted, the mesne profit was refused. The tenant preferred an appeal being Regular Civil Appeal No.25 of 2018, in which the present petitioner has filed cross- objection. By the impugned judgment and decree dated 14.01.2020 learned District Judge-1, Gondia allowed the appeal filed by the tenant and dismissed the cross-objection, filed on behalf of the petitioner.

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                (2)            Issue notice for final disposal, returnable after six
                weeks.


                (3)            Call for the record and proceedings of Regular

Civil Suit No. 165 of 2011 decided by the learned Joint Civil Judge Junior Division, Gondia, togetherwith Regular Civil Appeal No.25 of 2018 decided by the learned District Judge-1, Gondia, since notice of final disposal is issued.

JUDGE Wagh