Bramhadev Janki Prasad Sharma vs Dindayal Raghunath Ahir @ Yadav ...
2023 Latest Caselaw 5077 Bom

2023:BHC-AS:14822
                                                                     26 SA 328.21+IA 2974.doc


                    Dusane

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                SECOND APPEAL NO.328 OF 2021
                                             WITH
                             INTERIM APPLICATION NO.2974 OF 2021


                    Bramhadev Janki Prasad Sharma          ...Appellant

                            V/s.
                    Dindayal Raghunath Ahir @ Yadav        ...Respondents
                    thru' Power Attorney Holder
                    Shri. Rambriksha Raghunath Ahir
                    @ Yadav & Ors.


                    Ms. Ruchi        Singh i/by Mr. Akhilesh Singh for
                    Appellant.
                    Mr. Nitin Gangal for Respondents.

                                               CORAM: MADHAV J. JAMDAR, J.

DATE: 6th June 2023

P.C.:

1. Ms. Ruchi Singh, learned Counsel appearing for the

Appellant states that the impugned judgment and decree passed

by the learned Trial Court as well as by the learned Appellate

Court are arising out of the Suit filed under the provisions of

Maharashtra Rent Control Act, 1999. Therefore, she states that

the Second Appeal is not maintainable. She seeks leave to

withdraw the Second Appeal with liberty to adopt appropriate

proceedings. She further states that a learned Single Judge of

26 SA 328.21+IA 2974.doc

this Court has granted ad-interim relief by order dated 21 st

October 2021 and seeks continuation of said order for a period

of four weeks.

2. Mr. Gangal, learned Counsel appearing for the Respondents

states that in fact on earlier occasion, he has raised objections

regarding maintainability of the Second Appeal and the matter

was adjourned by learned Single Judge for hearing on said

objections.

3. Ms. Singh states that appropriate proceedings will be filed

within a period of two weeks from today and immediately a copy

of the same will be served on the learned Advocate appearing

for the Respondents.

4. In view of above submissions, the Second Appeal is

allowed to be withdrawn with liberty to adopt appropriate

proceedings. To enable the Appellant to adopt appropriate

proceedings, it is necessary to grant limited protection.

Therefore, the order dated 21st October, 2021 passed in Second

Appeal No. 328 of 2021 with Interim Application No. 2974 of

2021 as continued from time to time is extended till 27 th June

2023.

5. In view of withdrawal of the Second Appeal, nothing

survives in the Interim Application and the same is also disposed

of.

26 SA 328.21+IA 2974.doc

6. It is clarified that this Court has not considered the merits

of the case and all contentions of the parties on the merits are

expressly kept open.

(MADHAV J. JAMDAR, J.)