Mrs. Usha Harshad Mehta vs Mr. Mukesh Harilal Sidhpura
2023 Latest Caselaw 10728 Bom

2023:BHC-AS:31320

              P.H. Jayani                                             27 CRA155.2022.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                              CIVIL REVISION APPLICATION NO. 155 OF 2022

              Mrs. Usha Harshad Mehta and anr.                                .... Applicants
                         v/s.
              Mr. Mukesh Harilal Sidhpura                                     .... Respondent


              Mr. V.S. Kapse i/b. Mr. Sameer Bhalekar for the Applicants.
              Mr. Abhay S. Khandeparkar, Sr. Counsel a/w. Mr. Amogh Karandikar,
              Mr. Rushikesh Bhagat and Mr. Vaibhav Kulkarni i/b. Khandeparkar
              and Associates for the Respondent.

                                                 CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 17th OCTOBER, 2023.

P. C. :-

. In the course of the hearing, Mr. Khandeparkar, learned senior

counsel for the Respondent submits that since both the Courts below

have not taken into consideration the rent receipt dated 22/01/1999

and the letter/no objection certificate addressed by the father of the

Respondent to the Petitioner No.2, the impugned judgment and order

can be set-aside with liberty to the Applicants to place on record

translation of the rent receipt dated 22/01/1999. Learned senior

counsel has also accorded no objection to Exhibit the said documents

and to read the same in evidence.

P.H. Jayani 27 CRA155.2022.doc

2. Hence, with consent, the impugned judgment is set-aside. The

Appeal is remitted to the Appellate Bench of the Small Causes Court

with directions to take on record the translation and to exhibit the said

rent receipt. The Appellate Court shall take into consideration the

documents viz. (i) rent receipt dated 22/01/1999 and (ii) the undated

letter/no objection certificate addressed by the father of the

Respondent to the Petitioner No.2 (Exhibit - 55) and decide the appeal

in accordance with law.

3. The Appellate Bench of the Small Causes Court shall make an

endeavour to dispose of the Appeal as expeditiously as possible and in

any event within a period of one year from the date of this order. All

points and contentions of the respective parties are kept open.

4. Civil Revision Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)