Jain Supari Centre, Nagpur ... vs Rameshlal Motilal Hasoriya And ...
2022 Latest Caselaw 5376 Bom

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

                    WRIT PETITION NO. 3134 OF 2022
                               Jain Supari Centre and anr.
                                           Vs.
                        Shri Rameshlal Motilal Hasoriya and Ors.
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. A.A. Naik, Advocate for petitioners. Mr. S.S. Sitani, Advocate for respondent Nos.1 & 2.

                                        CORAM :           MANISH PITALE J.
                                        DATE        :     14.06.2022.

After hearing the learned counsel for the petitioners, this Court is of the opinion that one aspect of the matter requires consideration. The learned counsel for the petitioner has emphasized on Section 16(2)of the Maharashtra Rent Control Act, 1999, particularly the second limb thereof, which pertains to the aspect of decree of eviction that could be passed for part of the premises in question.

2. In this context, the learned counsel for the petitioners has relied upon the judgment of this Court in the case of Bismilla Bee w/o Sk. Chand and anr. Vs. Mohd. Anwar s/o Mohd.

Akhtar, 2010 (1) ALL.M.R. 889, wherein it is

Prity 2/2 916.wp3134.2022

emphasized that even if the tenant does not demand or an issue is not raised on the aspect of eviction decree that could be passed for part of the premises, a duty is cast upon the Court to consider the same while deciding upon an eviction petition filed under the provisions of the said Act.

2. Issue notice limited to the aforesaid aspect of the matter, returnable on 24.06.2022.

3. Mr. S.S. Sitani, learned counsel waives service of notice on behalf of respondent Nos.1 and

2. The respondent No.3 being a proforma party, service of notice on the said respondent for the present is dispensed with.

4. Mr. Sitani, learned counsel for respondent Nos.1 and 2, on instructions, states that till the next date, the execution proceedings will not be pressed.

JUDGE

Signed By:PRITY S GABHANE Reason:

Location:

Signing Date:15.06.2022 16:31

Prity