Sanjay Sampatkumar Somani And Ors vs Uday Shersingh Shamshersingh And ...
2022 Latest Caselaw 6101 Bom

                                                                                905 cra-291-22.doc

BDP-SPS-TAC



   BHARAT
   DASHARATH
   PANDIT
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   Digitally signed
   by BHARAT
   DASHARATH
                                           CIVIL APPELLATE JURISDICTION
   PANDIT
   Date: 2022.07.01
   17:49:45 +0530                  CIVIL REVISION APPLICATION NO. 291 OF 2022

                      Sanjay Sampatkumar Somani and Ors.                .... Applicants.
                                 V/s
                      Mrs Sheila Shamshersingh & Ors.                   ..... Respondents.

                                                       WITH
                                   CIVIL REVISION APPLICATION NO. 292 OF 2022

                      Sanjay Sampatkumar Somani and Ors.                .... Applicants.
                                V/s
                      Uday Shersingh Shamshersingh & Ors.               ..... Respondents.

                                                       WITH
                                   CIVIL REVISION APPLICATION NO. 293 OF 2022

                      Sanjay Sampatkumar Somani and Ors.                .... Applicants.
                                V/s
                      Uday Shersingh Shamshersingh & Ors                ..... Respondents.

                      Mr. Kazan Shroff i/b Mandar Soman for the Applicants in all the above
                      Civil Revision Applications.


                                           CORAM: NITIN W. SAMBRE, J.

                                            DATE:    JUNE 30, 2022


                      P.C.:-

                      1]       Heard.


                      2]       These applications are by obstructionists.



                                                             905 cra-291-22.doc




3]    Contentions are, landlord and landlady received rent from the

Applicants/obstructionists even though claim in the suit for eviction is as regards leave and license agreement of 1971 in favour of company. It is claimed that Applicants are occupying suit premises since 1963 and communication dated 3/10/1977 referred to in judgment in Appeal No.82 of 2016, issued by landlady rather pertains to acknowledging receipt of the rent. As such, it is claimed that it is a case of acquiescence.

4] In view thereof, issue notice to the Respondents, returnable on 11/8/2022.

5] Order granting stay to the execution of appellate court's order shall continue to operate till returnable date.

6] In addition to Court notice, Applicants are at liberty to serve the Respondents by private notice through registered AD/Speed Post and file affidavit of service before the returnable date.

( NITIN W. SAMBRE, J. )