Gajanan Shankar Loke (Since ... vs The New Duke Stores And Restaurant ...
2022 Latest Caselaw 12513 Bom

                                                                 12-ia-1552-22.doc

Chaitali
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                        INTERIM APPLICATION NO. 1552 OF 2022
                                              IN
                    CIVIL REVISION APPLICATION NO. 102 OF 2022


      Gajanan Shankar Loke (Since deceased                     ...Applicant
      through L.R.)
      Mr. Paresh Gajanan Loke

              Versus

      The New Duke Stores & Restaurants & Ors.                 ...Respondents

                                           ----------
      A.S. Khandeparkar a/w Rohit P. Mahadik a/w Vaibhav Kulkarni a/w
      Rushikesh Bhagat, Saurabh Mittal, Nitin V. Dedhia, Prenak Sharma i/
      b Rohit Mahadik for the Applicant.
                                           ----------
                                    CORAM :        R.I. CHAGLA J

                                    DATE       :   2ND DECEMBER, 2022
      ORDER :

1. Heard Mr. Khandeparkar, learned Counsel appearing for the

Applicant. The Civil Revision Application challenges the impugned

judgment and order dated 16th January 2020 passed by the Appellate

Bench of Small Causes Court at Mumbai in Appeal No. 231 of 2009

which reversed the judgment of the Trial Court in R.A.D. Suit No. 6

of 1997.

12-ia-1552-22.doc

2. None appears for the Respondents.

3. Office note shows that notice issued to Respondent No.1 has

been returned unserved with remark "any responsible person for

Respondent No.1 not found". Accordingly, the Applicant is permitted

to serve the Respondents by substituted service in two local

newspapers 1) Free Press Journal (English language) 2) Navakal

(Marathi language) and substituted service shall be carried out by the

Applicant within a period of four weeks from the date of this order.

4. An endeavor shall be made to dispose of the Civil Revision

Application at the admission stage.

5. In view of the suit filed as declaratory suit having been decreed

by the Court of Small Causes and which has now reversed by the

impugned judgment, status quo in respect of suit premises being

existing Stall No.1 admeasuring 8 ft. x 4 ft. x 16 ft. from where the

Applicant is running the business, shall be maintained till the next

date.

6. Place the Civil Revision Application for hearing at admission

12-ia-1552-22.doc

stage on 25th January 2023.

7. The Advocate's for the Applicant shall serve the notice of the

order on Respondents.

8. The Interim Application No. 1552 of 2022 seeks stay of the

impugned judgment and order of the Appellate Bench of Court of

Small Causes does not survive, in view of the stay already been

sought in the Civil Revision Application and which has been granted

till the next date.

9. Interim Application No. 1552 of 2022 is accordingly disposed

of.

10. Stand over to 25th January 2023.

[R.I. CHAGLA J.]