Vasantben, W/O Harvilas K. Jani vs Dinesh Vasantrai Bhuta And Anr
2023 Latest Caselaw 8028 Bom

                                                                  14-CRA-512-2022.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                 CIVIL REVISION APPLICATION NO.512 OF 2022

 VASANTBEN, W/O. HARVILAS K. JANI                           )...APPLICANT

          V/s.

 DINESH VASANTRAI BHUTA AND ANR.                            )...RESPONDENTS

 Mr.Surel Shah, Senior Advocate a/w. Ms.Tanvi Parmar i/by MLS Vani
 and Associates, Advocate for the Revision Applicant.
 Mr.G.S.Godbole, Senior Advocate a/w. Mr.Chetan Yadav, Ms.Pratibha
 Tiwari i/by R.V. And Company, Advocate for the Respondent No.1.

                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    8th AUGUST 2023

 P.C. :


 1.       This is a Revision Application challenging the judgment and

 order dated 5th May 2022 passed by the Appellate Bench of the Small

 Causes Court in Appeal No.8 of 2013 pursuant to which the judgment

 and order dated 31st July 2013 passed in R.A.E.& R. Suit No.124/379 of

 1998 by the trial Court was set aside and the R.A.E.&R. Suit

 No.124/379 of 1998 was dismissed.


 2.       Mr.Surel Shah, learned Senior Counsel for the Applicant would

 submit that R.A.E.& R. Suit No.124/379 of 1998 was dismissed


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                                                                14-CRA-512-2022.doc


 primarily on the ground that if the plea of arrears of rent is to be

 considered, then the landlord - tenant relationship between the

 Revision Applicant and the Respondents would also have to be

 accepted. Learned Counsel would submit that, that cannot be the

 ground for dismissing the R.A.E.& R. Suit No.124/379 of 1998.

 3.       Mr.Godbole, learned Senior Counsel, opposes the Revision

 Application.

 4.       Having heard the learned Counsel and having perused the

 impugned decision, this Court is of the view that, in view of two

 conflicting orders, the matter would require consideration. Hence, the

 following order is passed :

                                    ORDER

 (i)      Admit.

 (ii)     Registry is directed to call for Record and Proceedings within a

          period of four weeks.

 (iii)    Let private paper book be filed within a period of four weeks

thereafter with a copy to the other side.

(iv) List on 4th October 2023 for final disposal, subject to removal of

all office objections.

                                          (ABHAY AHUJA, J.)


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