Sachin Pandurang Yewale vs Arvind Narhar Yewale
2024 Latest Caselaw 14546 Bom

Bombay High Court

Sachin Pandurang Yewale vs Arvind Narhar Yewale on 7 May, 2024

Diksha Rane                                906. CRA 277-24.doc




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIVIL APPELLATE JURISDICTION

         CIVIL REVISION APPLICATION NO.277/2024

SACHIN PANDURANG YEWALE                   ..APPLICANT
     VS.
ARVIND NARHAR YEWALE & ORS.               ..RESPONDENTS
                          ------------
Adv. Rushikesh Kekane for the applicant.
Adv. Abhishek Matkar for respondent nos.1 to 3.

                           ------------

                      CORAM : RAJESH S. PATIL, J.

                      DATE      : MAY 7, 2024.
P.C. :

1. This civil revision application is filed challenging the

impugned order passed by the Appellate Bench of the Small

Causes Court in a proceeding arising out of R.A.D. Suit.

2. The Appellate Bench of the Small Causes Court by the

impugned judgment and decree has reversed the findings

recorded by the trial Court.

3. Issue notice to the respondent no.4, returnable after

six weeks from today. Apart from the Court notice, advocate

for the applicant is permitted to serve the respondent no.4

by advocate's private notice by all permissible modes of

service and file affidavit of service to that effect before the

Diksha Rane 906. CRA 277-24.doc

next date of the hearing. Mr. Matkar waives service on

behalf of respondent nos.1, 2 and 3.

4. In the meantime, till the next date of hearing, there

will be ad-interim relief in terms of prayer clause (d). The

prayer clause (d) of the application reads as under:-

d. That pending the hearing and final disposal of the present Civil revision Application this Hon'ble Court by an Order of Temporary Injunction be pleased to restrain the Respondent Nos.1 and 2 from entering into any agreement/arrangement and/or creating any third party rights and/or interest of whatsoever nature and/or transferring, selling, alienating or parting with possession in respect of the newly constructed premises to be allotted in lieu of the tenancy rights in the erstwhile Suit Premises viz. Shop No.1, Kamla Bhuvan, Near Shreyas Cinema, Sanghani Estate, L.B.S. Marg, Ghatkopar (W), Mumbai - 400 086, admeasuring 280 sq.ft.

5. Stand over to 18/6/2024.

(RAJESH S. PATIL, J.)

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 07/05/2024 19:47:20