Premier Furnishing And ... vs The Cricket Club Of India Limited, ...
2023 Latest Caselaw 1894 Bom

                                        903-fa142-2023 with ia1366-2023.doc


 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

                  FIRST APPEAL NO.142 OF 2023
                             WITH
              INTERIM APPLICATION NO.1366 OF 2023

 Premier Furnishing & Decorating
 Pvt.Ltd.                                      ... Appellant
            V/s.
 The Cricket Club of India Ltd.                ... Respondent


 Mr. Raj Patel with Mr. Niket Jani i/by Vigil Juris for the
 appellant.
 Mr. Vineet Naik, Senior Advocate with Ms. Hetal
 Master i/by Ashwin Ankhad & Associates for the
 respondent.



                               CORAM : AMIT BORKAR, J.

                               DATED    : FEBRUARY 24, 2023
 P.C.:

1. The appeal is directed against the judgment and decree dated 5th September 2022 passed in SC Suit No.2905 of 2014 holding the defendant trespasser in the suit premises specifically described in plaint prayer (a). Additionally, the learned Trial Court has directed the defendant to restore the possession of the suit premises to plaintiff by removing construction caused in the suit premises forthwith.

2. Learned advocate for the appellant, on instructions of the representative of the appellant who is present in Court, states that

903-fa142-2023 with ia1366-2023.doc

appellant's grievance would be satisfied if the rights of the appellant conferred under section 29 of the Maharashtra Rent Control Act, 1999 concerning suit premises are protected.

3. Mr. Naik, learned senior advocate, on instructions, states that the respondent has no objection if the decree is modified to that extent.

4. By consent of the parties, the impugned decree is modified holding that the appellant shall have rights conferred under section 29 of the Maharashtra Rent Control Act, 1999 concerning the suit premises.

5. The first appeal stands disposed of in above terms. No costs

(AMIT BORKAR, J.)