Bombay High Court
Smt. Jijabai Prakash Ghodmare vs Narendra @ Natthu S/O Ambadas ... on 15 March, 2022
Bench: Manish Pitale
1/3 919.sa81.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
SECOND APPEAL NO. 81 OF 2022
Smt. Jijabai Prakash Ghodmare
Vs.
Narendra @ Natthu s/o Ambadas Bhusari
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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. C.S. Samudra, Advocate for appellant.
CORAM : MANISH PITALE J.
DATE : 15.03.2022.
Heard Mr. Samudra, learned counsel for
the appellant.
2. It is submitted that the judgment and
decree passed by the Court below and confirmed by
the appellate Court is without jurisdiction even on the
basis of the pleadings of the respondent.
3. Issue notice, for the present on the
following substantial questions of law :
1) Whether the Learned Lower Appellate Court
and Trial Court were justified in decreeing the suit
for possession in favour of Respondent/Ori.
Plaintiff in absence of jurisdiction when the
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2/3 919.sa81.2022
Respondent/Ori. Plaintiff himself in clear words
admitted in his suit that the Appellant/Ori.
Defendant is the "Permissive Occupier" in the suit
premises?
2) Whether the suit filed by the Respondent/Ori.
Plaintiff was maintainable in "Civil Court" by
virtue of Section 26 r/w Section 16 of Provincial
Small Causes Court Act, 1887, which alone has
exclusive jurisdiction to entertain and decide the
suit for eviction and possession against the
"gratuitous licensee"?
4. Notice shall be returnable in four weeks.
Civil Application (CAS) No. 278/2022
1. This is an application seeking interim stay
of the judgment and decree passed by the Courts
below against the appellant. This Court has framed
two substantial questions of law herein above.
2. In view of above, issue notice in this
application, returnable in four weeks.
3. In the meanwhile, there shall be ad-
interim stay in terms of Prayer Clause (A), which
reads thus :
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A) The effect, operation, implementation and
execution of the impugned Judgment and Decree
dated 22.11.2021 passed by the Ad-hoc DJ-1
Nagpur (Rehmat K. Shaikh) in Regular Appeal
No.581/2017 Jijabai v/s Narendra as well as that of
Judgment and Decree dated 11.09.2017 passed in
RCS No.2317/2012 (Old Special Civil Suit
No.1068/2010) Narendra v/s Jijabai by 7 th Joint
Civil Judge Junior Division, Nagpur (Shri M.R.
Wahimkar) be stayed during the pendency of this
Appeal.
4. It is pointed out by the learned counsel
appearing for the appellant/applicant that while
enjoying an interim order before the appellate Court,
the appellant was required to deposit amount of
₹2,000/- per month as occupation charges. Hence,2,000/- per month as occupation charges. Hence,
the aforesaid ad-interim relief shall also be subject to
the appellant continuing to deposit ₹2,000/- per month as occupation charges. Hence,2,000/- per
month as occupation charges before the Lower
Appellate Court.
JUDGE
Digitally signed
by PRITY S
GABHANE
PRITY S Date:
GABHANE 2022.03.16
18:43:21
+0530
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