Shri. Adinath Ram Abhilakh Pandey ... vs Shri. Dayanath Ramraj Pandey And ...
2023 Latest Caselaw 2580 Bom

Bhalchandra                                             20-Caf-4654-2013.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                      CIVIL APPLICATION NO. 4654 OF 2013
                                      IN
                         FIRST APPEAL NO.507 OF 2014

Adinath Ram AbhilakhPandey & Anr.             ...Applicants/Appellants
        Versus
Dayanath Ramraj Pandey & Ors.                 ...Respondents
                                      .....
Mr. Mufeez Ansari i/by Mr. Jayendra Khairnar for Appellants.
Ms. Neelam Yadav h/f Raju Gupta for the Respondents.
                                      .....

                                 CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 16th MARCH, 2023.

P.C.

1. Learned Counsel for the Appellant Mr. Mufeez Ansari

holding for Mr. Jayendra Khairnar submits that the Trial Court has

passed the impugned Judgment and Decree without jurisdiction in the

light of the fact that the Appellants are the gratuitous licensee of the

Respondents and, therefore, only the Small Causes Court would have

jurisdiction to entertain the suit.

2. In support to his contention, he placed reliance on a

Judgment of this Court in the case of Prabhudas Damodar Kotecha

Versus Smt. Manharbala Jeram Damodar reported in 2007(5) Mh.L.J.

341. 1 of 2

Bhalchandra 20-Caf-4654-2013.odt

3. The learned Counsel shall furnish copy of the said

Judgment to the learned Counsel for the Respondent.

4. The learned Counsel seeks time to go through the

Judgment.

5. At her request, list the matter on 17th April, 2023.

6. Meanwhile, ad-interim relief granted by this Court on 2 nd

March, 2023 will continue to operate till the next date.

[PRITHVIRAJ K. CHAVAN, J.]

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