Jayantilal Valjibhai Solanki vs Ashwin Jeevraj Ved And Ors
2024 Latest Caselaw 6964 Bom

Bombay High Court

Jayantilal Valjibhai Solanki vs Ashwin Jeevraj Ved And Ors on 4 March, 2024

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                                                             20 - IA 1451 OF 2024.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION NO. 1451 OF 2024
                                 IN
             CIVIL REVISION APPLICATION NO. 349 OF 2018

Jayantilal Valjibhai Solanki                            ..... Applicant

          VERSUS

Ashwin Jeevraj Ved & Ors.                               ..... Respondents

Mr. J.P.Gor i/b. Ms.Kalpana Trivedi for the Applicant.

Mr.Aadil Parsurampuria a/w. Ms.Darshana Vora i/b. M/s.Legal
Vision for the Respondent No.3.

                                         CORAM: RAJESH S. PATIL, J.

                                         DATE    : 4 MARCH, 2024

P.C. :-

Mr.Parsurampuria, learned counsel appearing for the

respondent no.3 (owner/landlord), submits that the present civil

revision application appears from the declaratory suit filed by the

applicant herein with regard to the suit premises being shop

no.7. He submits that in-fact, there is no premises of the landlord

which can be called as shop no.7. Shop no.6 is a premises on

which the wife of the present applicant is a tenant. As regards the

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shop no.6 is concerned, an eviction proceeding has been filed by

his client, the present respondent no.3 in the Small Causes Court.

2. As regards shop no.7, it is a portion which has been

encroached upon by the present applicant. Hence, the respondent

no.3 herein has filed an eviction suit in the City Civil Court viz.

S.C.No. 2590 of 1981. The said suit is pending for hearing and

final disposal. He submits that to counter the said eviction suit,

the present applicant has filed a declaratory suit being R.A.D.

Suit No. 2445 of 1981.

3. By an judgment and decree dated 19 December, 2011, the

Trial Court dismissed the declaratory suit of the present

applicant. Being dissatisfied with the said judgment and decree

of the Trial Court dismissing the suit, the present applicant filed

an appeal before the Division Bench of the Court of Small Causes.

The Appellate Court dismissed the appeal of the applicant herein.

The present civil revision application challenges the order passed

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by the Trial Court dated 19 December, 2011 and as confirmed by

the Appellate Court by its judgment and decree dated 30 January,

2018.

4. This Court by its order dated 6 August, 2019 issued notice

to the respondents. The respondent no.3 (owner/landlord) is

represented by Mr.Aadil Parsurampuria i/b. M/s.Legal Vision.

Since the service could not be completed on other respondents,

an interim application has been filed for effecting service on the

unserved respondents by publication of notice in the newspapers.

He submits that there is no need to serve the other respondents,

since they were erstwhile owners of the suit property and they

never appeared before the Lower Court . Therefore, the present

interim application should be dismissed.

5. Stand over to 11 March, 2024.

[RAJESH S. PATIL, J.]