Nitinkumar Hakchand Alias Nitin ... vs Geerald Paul Dmello
2023 Latest Caselaw 1178 Bom

                                                                         sr.18.cra.3.23..doc


Harish
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
                     CIVIL REVISION APPLICATION NO. 03 OF 2023
          Nitinkumar Hakchand Alias Nitin Shah               ...Applicant
                    `                                        (Orig. Defendant)
               V/s.
          Gerald Paul D'mello.                               ...Respondent
                                                             (Orig. Plaintiff)

          Mr. R. S. Tripathi a/w Laxmi Chauhan i/b Pankaj
          Dwivedi, for the Applicant.
          Ms. Eventa A. Gonsalves a/w Mr. Reyden L. Gonsalves,
          for the Respondent.

                                        CORAM : MADHAV J. JAMDAR, J.

DATE : 03rd February, 2023

P.C.:

1. Heard Mr. R. S. Tripathi, learned counsel appearing for

the Respondent.

2. The learned Trial Court by Judgment and Decree dated

19th November, 2018 passed in R.A.E. Suit No. 280/521 of

2009 decreed the Suit inter alia on the ground of reasonable

and bonafide requirement and the denial of title.

3. The learned Appellate Court after considering the

evidence on record has come to the conclusion that the

Defendant has denied the title of the Plaintiff and therefore,

dismissed the appeal.

sr.18.cra.3.23..doc

4. There is no material brought to the notice of this Court

to point out that the impugned findings of the learned Trial

Court and of the learned Appellate Court are not in

accordance with the evidence on record.

5. It is admitted position that during the pendency of this

Civil Revision Application the decree of the eviction has been

executed. Therefore, this is not a case where interference of

this Court is required under Section 115 of the Civil

Procedure Code. The Civil Revision application is dismissed,

however, with no order as to cost.

(MADHAV J. JAMDAR, J.)