Mohammed Ali Mumtaz Ali Sayyed vs Moin Ilias Khatik
2023 Latest Caselaw 2041 Bom

                                                                    11-SA(ST)-3438-2023.doc


                      Arjun

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                  SECOND APPEAL (ST) NO.3438 OF 2023
                                               WITH
         Digitally
         signed by
         ARJUN
                               INTERIM APPLICATION (ST) NO.3713 OF 2023
ARJUN
VITTHAL
         VITTHAL
         KUDHEKAR
KUDHEKAR Date:
                                                 IN
         2023.03.02
         17:54:30                   SECOND APPEAL NO.3438 OF 2023
         +0530


                      Mohammed Ali Mumtaz Ali Sayyed              ...Appellant/
                                                                   Applicant
                              V/s.
                      Moin Ilias Khatik & Anr.                    ...Respondents


                      Mr. Abhijeet Dixit a/w Mr. Vivekanand Krishnan, for the
                      Appellant.
                      Mr. P. N. Joshi, for the Respondents.

                                              CORAM : MADHAV J. JAMDAR, J.

DATE : 1st MARCH, 2023

P.C.:

1. This Court by order dated 8th February, 2023 framed

following substantial questions of law :

i) Whether the learned First Appellate Court committed grave illegality and irregularity by dismissing the Application of condonation of delay in filing the Appeal challenging Judgment and Decree dated 18th March, 2020 passed by learned Trial Court as Supreme Court has suspended the limitation period from 15th March, 2020 to 28th February, 2022?

11-SA(ST)-3438-2023.doc

ii) Whether the Appeal filed before the learned First Appellate Court is barred by law of limitation?

iii) Whether as there is no delay in filing Appeal before the learned First Appellate Court, the delay condonation Application was unnecessary and in any case same could not have been dismissed?

2. The learned District Judge-10, Nashik rejected Civil

Miscellaneous Application NO.79 of 2020 seeking

condonation of delay. However, considering that the Supreme

Court has suspended the limitation period from 15 th March,

2020 to 28th February, 2022 and impugned Judgment of the

learned Trial Court and also filing of Appeal in the same

period, there was no delay.

3. However, Mr. P. N. Joshi, learned counsel appearing for

the Respondents point out that, the decree of the learned

Trial Court is passed under the provisions of the

Maharashtra Rent Control Act, 1999, and therefore, the

Second Appeal is not maintainable.

4. In view of this, Mr. Abhijeet Dixit, learned counsel

appearing for the Appellant seeks withdrawal of the Second

Appeal with liberty to file appropriate proceedings. Liberty

as aforesaid is granted.

11-SA(ST)-3438-2023.doc

5. As the Second Appeal is withdrawn with aforesaid

liberty, nothing survives in the same and is dismissed.

6. In view of dismissal of the Second Appeal, nothing

survives in the Interim Application and the same is also

dismissed.

(MADHAV J. JAMDAR, J.)