Rajesh S/O Himmatlal Dawda vs Naresh S/O Gyarsilal Agrawal
2022 Latest Caselaw 3836 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH : NAGPUR

                                                        WRIT PETITION NO. 4410 OF 2021

                      Rajesh s/o Himmatlal Dawda Vs. Naresh s/o Gyarsilal Agrawal
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Office Notes, Office Memoranda of Coram,                                                                              Court's or Judge's orders
appearances, Court's orders of directions
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                                     Mr. M.R. Joharapurkar, Advocate for Petitioner
                                     Mr. N.G. Jetha, Advocate for Respondent

                                                                                                  CORAM : MANISH PITALE, J.

DATE : 8th APRIL, 2022

When the petition is called out for hearing, Mr. Jetha, learned counsel appearing for the respondent has raised a preliminary objection regarding maintainability of the writ petition, as according to him alternate efficacious remedy of appeal is available under Section 34 of the Maharashtra Rent Control Act, 1999.

2. In this regard, Mr. M.R. Joharapurkar, learned counsel appearing for the petitioner has relied upon the judgment of this Court in the case of Pundalik Haribhau Chandekar Vs. Jagdish Dadaji Bind reported in 2010(1) Bom. C.R. 114, to contend that no appeal would lie and that, therefore, the present writ petition is maintainable.

MP Deshpande
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3. Since the issue goes to the very root of the matter, it would be appropriate that the learned counsel for the parties address this Court in further detail as regards the said issue.

4. List for further consideration on 13/04/2022.

5. The conditional interim order shall continue to operate.

JUDGE

Digitally signed by:MILIND P DESHPANDE Signing Date:08.04.2022 14:21

MP Deshpande