Mohan Bhagawan Kakade, Thr. Poa. ... vs Vidyadhar Kesharchand Doshi ...
2021 Latest Caselaw 3921 Bom

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sneha N.                             CIVIL APPELLATE JURISDICTION
Chavan
                           CIVIL REVISION APPLICATION (ST) NO. 31778 OF 2019
Digitally signed
by Sneha N.
Chavan
Date: 2021.03.02   Mohan Bhagawan Kakade                          .. Applicant
18:29:27 +0530         V/s.

                   Vidyadhar Kesharchand Doshi
                   (since deceased) through Lrs.                  ..Respondent
                                                 ----
                   Mr. Sameer Kumbhkoni for the Applicant.

                   Mr. Rahul Kadam for the Respondent No.1.
                                                 ----
                                               CORAM : C.V. BHADANG, J.

                                               DATE      : 02nd MARCH, 2021

                   P.C.

1. Heard the learned counsel for the parties for some time.

2. The learned counsel for the applicant has placed reliance on

the decision of this court in Jitendra Vasantrao Nagarkar v/s.

Mohanlal Moluramji Agrawal1 in order to submit that the suit could

not have been instituted prior to the expiry of 90 days of the period

of the statutory notice. It is submitted that such a suit has been held

to be premature, in which case, the court would lack jurisdiction to

direct eviction.

                   1    2016(6) Bom.C.R. 743

                          Sneha Chavan                                               page 1 of 2
                                                   12 cra st 31778-19=

3. The learned counsel for the respondent states that there is a

Division Bench Judgment taking a contrary view. He seeks time to

produce the same.

4. Stand over to 17.03.2021.

C.V. BHADANG, J.

     Sneha Chavan                                              page 2 of 2