Chetan Ashok Paleja vs Cecelia Mayer Dalmeida And Ors
2021 Latest Caselaw 5681 Bom

Rane                        1/4           WP(ST)-4837-2021 (SR.23)
                                                         25.3.2021


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

           CIVIL APPELLATE JURISDICTION

         WRIT PETITION (ST.) NO. 4837 OF 2021

Chetan Ashok Paleja                .....Petitioner
                                   (Orig.Appellant)
     V/s.
Cecelia Mayer Dalmeida
and Ors.                           ....Respondents
                                   (Orig.Respondents)

                    ****

Mr. Anil R. Mishra, Advocate for the petitioner.

Smt. Meena A. Ruparel, Advocate for respondents no.1 to
3.

Mr. .P.P. Pujari, AGP for respondents no.4 to 6.
                    CORAM : SANDEEP K. SHINDE, J.

                             Thursday, 25th March, 2021.

JUDGMENT :

1. Reply, tendered by the respondents is taken on

record.

2. Rule. Rule, made returnable forthwith. Heard

finally with the consent of the parties at the admission

stage.

Rane 2/4 WP(ST)-4837-2021 (SR.23) 25.3.2021

3. Respondents no.1, 2 and 3 had filed an Eviction

Application No.20/2019 under Section 24 of the

Maharashtra Rent Control Act, 1999 before the Competent

Authority, Rent Control Act Law Court, Konkan Division,

Mumbai. The Competent Authority vide order dated 8 th

January, 2021 allowed the application and directed the

respondents therein to handover vacant and peaceful

possession of Flat no.6, 3rd Floor, Savia-I Co-operative

Housing Society Ltd, Bandra (West), within 30 days to the

applicant. Besides, the respondents were also directed to

pay license fees at the double rate in terms of Clause-(iii) of

the order dated 8th January, 2021.

4. Feeling aggrieved, the original respondents have

preferred revision before the Additional Commissioner,

Konkan Division, Mumbai. Revision is pending and the

next date before the Revisional Authority is 28 th April,

2021.

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5. Pending revision, the petitioner had filed an

application to stay the execution of the impugned order

dated 8th January, 2021. The Revisional Authority by a

cryptic order and without setting out the reasons, rejected

the application vide order dated 12th February, 2021. It is

against this order, petition under Article 227 of the

Constitution of India is preferred.

6. The learned Counsel for the respondent, on

instructions, fairly submits that, respondents no.1, 2 and 3

shall not press the execution of the impugned order dated

8th January, 2021 passed by the Competent Authority till

the disposal of the Revision. Statement is accepted.

7. In view of the statement made by the Counsel for

the respondent, execution of order dated 8th January, 2021

is stayed and let the Revision be expeditiously heard and

disposed of by the Revisional Authority before 15 th May,

2021.

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8. It is made clear that, the petitioner (revisionist)

shall not seek adjournments in Revision proceedings on any

ground.

8. Rule stands discharged.

                                               (SANDEEP K. SHINDE, J.)
         Digitally
         signed by
Neeta    Neeta S.
         Sawant
S.       Date:
Sawant   2021.03.25
         16:02:12
         +0530