Mr. Naim A. Khan And Another vs Mrs. Medha Aroara
2022 Latest Caselaw 7248 Bom

                                                                                    21-ao-740-2022.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    APPEAL FROM ORDER NO. 740 OF 2022
                                                 WITH
                                  INTERIM APPLICATION NO. 16654 OF 2022
                                                   IN
                                    APPEAL FROM ORDER NO. 740 OF 2022

                     Mr. Naim A. Khan and Anr.                          ...Appellants
                                 V/s.
                     Mrs. Medha Aroara                                  ...Respondent
                                                        ----
        Digitally

MAMTA
        signed by
        MAMTA
        AMAR
                     Mr. Sachin S. Tigde, for the Appellants.
AMAR    KALE


                     None for the Respondent.
KALE    Date:
        2022.07.29
        12:05:20
        +0530


                                                        ----

                                                       CORAM : C.V. BHADANG, J.

                                                       DATE      : 27 JULY 2022

                     P.C.

                     .          Heard the learned counsel for the Appellants.

2. The Competent Authority has passed an order directing eviction of the Appellants under Section 24 of the Maharashtra Rent Control Act, 1999, which order is challenged by the Appellants before the Revisional Authority.

                         Mamta Kale                                       page 1 of 2
                                                                21-ao-740-2022.doc

3. It appears that the Appellants filed an application purportedly under Order XXXVII of the Civil Procedure Code (CPC) before the Competent Authority in the execution. The Competent Authority by an order dated 23 March 2022, while rejecting the application has issued an arrest warrant against the Appellants / Judgment Debtor for depositing the amount of Rs.21,05,000/-. The learned counsel for the Appellants submits that even the order dated 23 March 2022 is subject matter of challenge in the revision application. He submits that the revision application is heard on merits and has been closed for orders.

4. When the initial order passed by the Competent Authority directing eviction, as well as order dated 23 March 2022 is subject matter of challenge before the revisional authority and that revision is already heard and closed for orders, this appeal need not be entertained at this stage which is accordingly disposed of. Needless to mention that the revisional authority shall decide the revision application on its own merits and this Court has not examined the rival contentions on merits. Pending civil application, if any, is disposed of.

C.V. BHADANG, J.

Mamta Kale                                           page 2 of 2