Mr. Rajendra Dyandeo Hirave vs Sanjay Dulichand Jain
2023 Latest Caselaw 7271 Bom

                                       1             7 cra 84-22 with ia 13409-23-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                       CIVIL REVISION APPLICATION NO.84 OF 2022
                                         WITH
                        INTERIM APPLICATION NO.13409 OF 2023
                                           IN
                       CIVIL REVISION APPLICATION NO.84 OF 2022

 Mr.Rajendra Dyandeo Hirave                    ... Applicant
      Vs.
 Mr.Sanjay Dulichand Jain                      ... Respondent
                                           -------

 Mr.Bhavesh Parmar with Ms.Reshma Nair and Mr.Vivekanand Akshali i/by
 Mr.Dev Shukla, Advocates for the Applicant.
 Mr.R.M.Haridas with Mr.P.A.Parmar and Mr.Neel Gala, Advocates for the
 Respondent.

                                           -------

                            CORAM :   ABHAY AHUJA, J.

                            DATE :    20 JULY, 2023.


 P.C. :

1. This revision application impugns the order dated 23 rd October,

2019 of the Appellate Bench of the Small Causes Court confirming the

judgment and decree passed by the Trial Court dated 10 th December,

2012 in R.A.E. Suit No.1158/1876 of 2007 evicting the Revision

Applicant on the ground of non-user of the suit premises for a continuous

period of 6 months prior to filing of the suit.

  Priya R. Soparkar                                                                        1 of 3



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2. Mr.Parmar, learned counsel for the Revision Applicant would

submit that the Appellate Court has gone ahead and passed the order

without deciding on the application for producing additional evidence.

He draws the attention of the court to Exhibit L at page 169 of the

revision application which is a communication from the Additional

Registrar of the Small Causes Court stating that since no order has been

passed on the said application which was Exhibit 25, no certified copy can

be furnished. Mr.Parmar would submit that the additional evidence would

go to establish that the Applicant was in use and occupation of the suit

premises during the period in question.

3. Mr.Haridas, learned counsel for the Respondent/landlord would

firstly submit that there are concurrent findings of two courts and

therefore, no interference is required in the order of the Appellate Court.

However, with respect to the Exhibit L at page 169, learned counsel

seeks time to take instructions.

4. Mr.Parmar is concerned that the Respondent is proceeding with the

execution of the impugned judgment and decree and submits that a stay

be granted on the execution of the impugned judgment. Mr.Haridas

Priya R. Soparkar 2 of 3

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opposes the same and submits that unless the arrears of interim

compensation Rs.12,000/- per month from 23 rd October, 2019 till date

are paid, no stay be granted on the execution.

5. Having heard learned counsel and having perused the papers and

orders with their assistance, let there be a stay on the execution of the

impugned judgment dated 23rd October, 2019 subject to deposit of

arrears of interim compensation from 23rd October, 2019 till date within a

period of four weeks.

6. Let reply, if any, be filed by the next date with a copy to the other

side.

7. List on 23rd August, 2023.

                                                    (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                     3 of 3