Dr. Mohan Hari Farne vs Vikas Pandurang Patil And Ors
2024 Latest Caselaw 3405 Bom

Bombay High Court

Dr. Mohan Hari Farne vs Vikas Pandurang Patil And Ors on 5 February, 2024

2024:BHC-AS:6124


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                                                                      501 - WP 5463 OF 2017.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                  WRIT PETITION NO. 5463 OF 2017

           Dr. Mohan Hari Farne                                            ...Petitioner

                     VERSUS

           Vikas Pandurang Patil And Ors.                                ...Respondents

           Mr. Aditya S. Desai for the Petitioner.

           Mr. Siddharth C. Wakankar for Respondent No.1.
                                                    CORAM: RAJESH S. PATIL, J.

                                                    DATE    : 5 FEBRUARY, 2024

           P.C. :-

This Writ Petition filed by Original landlord challenging the

judgment and decree passed Miscellaneous Application No. 36 of

2009, passed on 11 January 2012 by Civil Judge Junior Division

at Islampur and as confirmed by judgment and decree dated 6

September 2016, passed by District Judge at Islampur in Regular

Civil Appeal No.27 of 2012.

2. Mr. Wakankar appearing for the Respondent No.1 submits

that the Respondent No.1 had filed the Miscellaneous Civil

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501 - WP 5463 OF 2017.doc

Application for restoration of essential supply of electricity

connection. The said Application of Respondent No.1 was

allowed. The Petitioner herein carried the same into appeal

before the District Court. The District Court also dismissed

Appeal of the landlord.

3. Therefore, the present Writ Petition has been filed. The

present Writ Petition is pending in this Court from year 2016. It

appears from the record that there are no orders passed by this

Court in the Writ Petition. Mr. Wakankar learned counsel for the

respondent submits that in the meantime, the

Petitioner/Landlord has filed an RCS No.359 of 2012, under the

Rent Act, for eviction of Respondent No.1. He further submits

that the said suit for eviction has been dismissed and appeal filed

challenging the dismissal of the suit is pending before the District

Court, Islampur. According to him, in view of the same nothing

survive in this Writ Petition, which is pending in this court for last

more than 7 years.

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501 - WP 5463 OF 2017.doc

4. Regular Civil Appeal No. 8 of 2017 pending before the

District Court, Islampur be heard on its own merits.

5. Hence, the present Writ Petition is disposed of as

infructuous.

[RAJESH S. PATIL, J.]