A. Maithili Nair Thr. Poa. Mr. ... vs Vijaykumar Vasant Hate And ...
2022 Latest Caselaw 6086 Bom

      IRESH SIDDHARAM   Digitally signed by IRESH
                        SIDDHARAM MASHAL
      MASHAL            Date: 2022.07.02 15:04:22 +0530




                                                                                28.2777.22 cra.doc

ISM
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CIVIL APPELLATE JURISDICTION

                           CIVIL REVISION APPLICATION NO. 277 OF 2022

          A. MAITHILI NAIR THR. POA                                        ....APPLICANT
          MR. RASHMIKANT C. SHAH

                  V/s.

          VIJAYKUMAR VASANT HATE AND ANR                                   .....RESPONDENTS

          Mr. Shrinivas Bobde, a/w Mr. Kiran Jain, Mr. Duj Jain, Mr. Nipeksh
          Jain i/b Kiran Jain & Co. for the Applicant
          Mr. Pradeep J. Thorat i/b Mohanish Ghatge Advocate for Respondent



                                             CORAM :      NITIN W. SAMBRE, J.

                                             DATE:        JUNE 30, 2022.

          P.C.:

          1)      In Appeal No. 5/2014 Judgment delivered in RAE & R. Suit No.

451/1050/1996 thereby directing eviction of the Applicant-Petitioner

was questioned. Vide order dated 16/03/2022, Appellate Court

directed present Applicant to physically remain present so as to verify

the contention of the Decree Holder that Applicant has expired.

2) Said order since was not complied with, a fresh order was

28.2777.22 cra.doc

passed on 13/04/2022 below Exh. 1 thereby issuing notice to the

present Applicant based on the address given in the cause title to

appear in person. Said order since was not complied with, same has

led to dismissal of the Appeal of the Applicant vide order dated

27/04/2022.

3) Order of dismissal is based on provisions of Order XLI Rule 17

(1) of Code of Civil Procedure, 1908.

4) Contention of counsel for the Applicant-Judgment Debtor

Mr. Bobde is, Applicant is very much alive and at present residing in

United Kingdom. He would urge that she holds a valid Indian

passport and for reporting compliance of the order passed by the

Court below on 16/03/2022 so also order dated 13/04/2022, he will

seek instructions so as to inform this Court as regards the date on

which Applicant can appear before this Court so as to report the

compliance of above orders.

5) Stand over to 04/07/2022 as prayed by Mr. Bobde, counsel for

the Applicant.

[NITIN W. SAMBRE, J.]