All Criminal Appeal (DC)

Order - Status 4: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION (ST) NO. 12814 OF 2019 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's order Registrar's orders CORAM : V. R. Kachare REGISTRAR (JUDL-II) Date : 18/06/2019 None present Three weeks time is granted to remove office objections. sd/- REGISTRAR (JUDL-II)

Order - Status 7: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 475 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's Court's or Judge's orders orders or directions and Registrar's orders Shri S.S. Kulkarni for applicants. CORAM : M.S.KARNIK, J. DATE : 30th SEPTEMBER, 2019 P.C. Heard learned counsel for the applicants. The applicants to serve the respondents by Advocate's notice along with the copy of this order informing respondents that the application would be heard on 14/11/2019. It is made clear that an endeavour would be made to dispose of the application finally on 14/11/2019 considering the narrow controversy involved in this application. In the event, the respondents fail to appear despite service of Advocate's notice, the application would be heard on its own merits even in the absence of the respondents. 29.doc The applicants to file an affidavit of service before the returnable date. Stand over to 14/11/2019. (M.S.KARNIK, J.)

Order - Status 9: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 475 OF 2019 Shri Inderpalsingh Rajendrasingh Chadha & Anr. ..Applicants Vs Shri Baljit Ramlal Manchanda & Ors ..Respondents Mr. Swapnil Mhatre i/b S.S. Kulkarni for Applicants. Mr. S.S. Shah i/b Prashant Darandale for respondent Nos.1 to 8. CORAM : A.S.GADKARI, J. DATE : 28th November 2019. P.C.: 1] It is submitted that, the Advocate on record for applicants has filed a leave note. 2] In view thereof, at the request of learned counsel for the applicants, stand over to 21st January 2020. (A.S.GADKARI, J.)

Order - Status 11: Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 475 OF 2019 Inderpalsingh Rajendrasingh Chadha & anr. .Applicants Vs. P. C. Baljit Ramlal Manchanda & ors. .Respondents None for the Applicants Mr. Surel S. Shah i/b. Mr. Prashant Darandale, Advocate, for the Respondent Nos. 1 to 8 CORAM : REVATI MOHITE DERE, J. DATE : 13.01.2020 . None appears for the Applicants. The aforesaid Application has been circulated by the learned counsel for the Respondents and hence, it appears that learned counsel for the Applicants is not present. In order to give one opportunity to the Applicants, stand over to 27.01.2020 . Till then, ad-interim relief, if any, granted earlier will continue to operate. (REVATI MOHITE DERE, J.)

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO. 475 OF 2019 Shri. Inderpalsingh Rajendrasingh Chadha And Anr ....Applicant V/S Shri. Baljit Ramlal Manchanda And Ors ....Respondent Shriram S. Kulkarni For Applicant Prashant Darandale Res. No.1 To 8 CORAM : REVATI MOHITE DERE, J DATE : 27th January, 2020 P.C. : In view of the joint request made by the learned Counsel for the parties, stand over to 04/02/2020 . Ad-interim order, if any, to continue till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO. 475 OF 2019 Shri. Inderpalsingh Rajendrasingh Chadha And Anr ....Applicant V/S Shri. Baljit Ramlal Manchanda And Ors ....Respondent Swapnil Mhatre i/b Shriram S. Kulkarni For Applicant Prashant Darandale For Respondent Nos. 1 to 8 CORAM : REVATI MOHITE DERE, J DATE : 4th February, 2020 P.C. : Stand over to 14/02/2020 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 19: Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 475 OF 2019 Inderpalsingh Rajendrasingh Chadha & anr. .Applicants Vs. Baljit Ramlal Manchanda & ors. .Respondents Mr. S. S. Kulkarni, Advocate, for the Applicants Mr. S. S. Shah i/b. Mr. P. Darandale, Advocate, for the Respondent Nos. 1 to 8 CORAM : REVATI MOHITE DERE, J. DATE : 14.02.2020 P. C. . Heard learned counsel for the parties. By this Application, the Applicants have impugned the order dated 08.02.2019 passed by the learned 5th Jt. C. J. S. D., Nashik below Exhs. 54 & 55 in R. C. S. No. 420 of 2010, by which the Applicants' Application ( Original Defendant Nos. 9 & 10 ) seeking rejection of the plaint under O. VII, Rule 11 of the Code of Civil Procedure ( for short 'C. P. C.' ) was rejected. Learned counsel for the Applicants submitted that the Partition Deed entered into between the Respondent No. 1 and the Respondent No. 8 is of 1982 and that pursuant to the said Deed, measurements were carried out in the year 1987. He submits that under Article 58 of the Limitation Act, right to sue accrued on the date when the Applicants learnt about the alleged bogus Partition Deed i. e. when measurements were done in 1987. He submits that the present suit is filed after 28 years and as such, is barred by the law of limitation. He further submits that even the cause of action disclosed in the plaint is vague. According to the learned counsel, the plaint does not reveal any cause of action and is clearly barred by the law of limitation and as such, the Applicants' Application, seeking rejection of the plaint under O. VII, Rule 11 of the C. P. C. ought to have been allowed. Learned counsel for the Respondent Nos. 1 to 8 ( Original Plaintiffs ) opposes the Application and submits that no interference is warranted in the impugned order. He submits that the plaint clearly discloses the cause of action and as such, the learned Judge has rightly rejected the Applicants' Application seeking rejection of the plaint under O. VII, Rule 11 of the C. P. C.. Learned counsel for the Respondent Nos. 1 to 8 states that it is the case of the Applicants that the Respondent No. 8 committed fraud on the Respondent No. 1, by entering into a Partition Deed in 1982, and carried out measurements thereafter, by practising fraud on the Respondents and others. He submits that admittedly, the Applicants are the co-owners of the property in question and had not signed the Partition Deed allegedly entered into between the Respondent No. 1 and the Respondent No. 8, in 1982. He submits that the Respondents ( Original Plaintiffs ) filed the suit in 2010, only after learning that the Respondent No. 8 had entered his name in the revenue records, thus, giving rise to cause of action. Perused the papers. The Respondent Nos. 1 to 6 are the Original Plaintiffs, who have filed R. C. S. No. 420 of 2010 in the Court of the learned C. J. S. D. , Nashik, for a declaration that the Partition Deed dated 25.09.1982 entered into between the Respondent No. 1 and the Respondent No. 8 be declared illegal. The Applicants ( Original Defendants ) appeared in the said suit and filed their Written Statement. It appears that the aforesaid Applicants filed two Applications i. e. Exh. 54 and Exh. 55 in the aforesaid suit and sought rejection of the plaint under O. VII, Rule 11 of the C. P. C. on the premise that the suit was barred by limitation. A perusal of the plaint prima facie shows that the issue of limitation, is a mixed question of facts and law. No infirmity can be found in the impugned order dated 08.02.2019 passed by the learned 5th Jt. C. J. S. D., Nashik below Exhs. 54 & 55 in R. C. S. No. 420 of 2010 and as such, the Application being devoid of merit, is dismissed. All contentions of all parties are kept open with respect to the issue of limitation for being decided at the stage of final disposal of the suit. Accordingly, the Application is disposed of. (REVATI MOHITE DERE, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.371 OF 2022 Sharathkumar Narayan Shetty …… Applicant. V/s Nitin Bhagwandas Shroff and Others …… Respondents. Mr. G.S. Hegde i/b Balkrishna Adyanthaya for the Applicant. Ms. Kanchan Pandare for the Respondents. CORAM: NITIN W. SAMBRE, J. DATE: AUGUST 04, 2022 P.C.:- 1] This Civil Revision Application under Section 115 of the Civil Procedure Code is by the Tenant/Defendant No.1. 2] Respondent Nos. 1 to 7 are Trustees, whereas Respondent Nos. 8 and 9 are Defendant Nos. 2 and 3. 3] Respondent Nos. 1 to 7 initiated RAE Suit No.687/1111 of 2005 on 22/7/2005 against Applicant/Defendant No.1, and Defendant No.2 i.e. non-applicant No.8 on the ground of unlawful subletting, unauthorized additions and alterations, annoyance and illegal encroachment. Alleging that Defendant No.2 has vacated suit premises in 2007 which were sublet by Defendant No.1 to Defendant No.3, suit came to be amended by maintaining the case of subletting. The suit was resisted by the Applicant/Defendant No.1 vide Written Statement-Exhibit-19, thereby denying all allegations including that of unlawful subletting. It is also urged that earlier suit being RAE Suit No. 742/2351 of 1985 was dismissed in 1991-92. Vide additional Written Statement-Exhibit-34, claim put-forth as regards subletting to Defendant No.3 and surrender by Defendant No.2 of the suit premises was also denied. Third additional Written Statement at Exhibit-64 was filed, thereby denying the claim, alleging that Plaintiffs have no authority to file the suit. Defendant No.3 vide Written Statement – Exhibit-35 denied the suit claim and also denied execution of any agreement/understanding with Defendant No.1 so also her possession over the suit property. In the light of rival pleadings, issues were framed at Exhibit-22. The said issues and findings thereon by Trial Court read as under:- ISSUES FINDINGS 1. Whether the Plaintiffs prove that Defendant No.1 has unlawfully sublet the suit premises to Defendant No.2? In the negative. 2. Whether they further prove that Defendants have carried out additions and alterations of permanent nature in the suit premises without their permission in writing? In the negative. 3. Whether they further prove that Defendant No.1 is a continuous source of nuisance and annoyance to them and other occupiers of the suit property? In the negative. 4. Whether suit is bad for non-joinder of necessary parties? In the negative. 24 CRA-371-2022.doc 5. Whether Plaintiffs are entitled for getting possession in respect of the suit premises? In the negative. 6. What order and decree? Suit is dismissed Additional issues A) Do the Plaintiffs prove that at present Defendant No.3 is illegally in possession of the suit premises and she is carrying on any business there? In the negative. 4] In support of the suit claim, Plaintiffs have examined P.W.1 – Devang at Exhibit-39, witness from the office of Mahanagar Telephone Nigam Limited ("MTNL") i.e. P.W. 2 Sadanand, Court Commissioner Nancy Pareira – P.W.3 and photographer Kunal – P.W.4. Plaintiffs have placed on record amended Schedule-I issued by the Charity Commissioner at Exhibit-42, Resolution of Trustees at Exhibit-43, Report of the Court Commissioner at Exhibit-7, Bills of the food items at Exhibit-44, letter dated 21/1/2009 received from MTNL at Exhibit-45, Bill dated 17/9/2008 at Exhibit-46 and photographs and bill at Exhibits-67 and 68 respectively. 5] Applicant/Defendant No.1 has entered into witness box and examined himself at Exhibit-89 and placed on record document Exhibit-72 medical papers, Exhibit-73 electricity bills, Exhibit-74 police license, Exhibit-75 telephone bills, Exhibit-76 shops and establishment license, Exhibit-78 – health license and Exhibit-80 photo copy of Power of Attorney. 6] Trial Court after appreciating pleadings and evidence on record, recorded findings that the Plaintiffs/non-applicant Nos. 1 to 7 have failed to prove that Applicant/Defendant No.1 has unlawfully sublet the suit premises to Defendant No.2 by parting possession. On all counts, including that of additions and alterations to the suit premises, annoyance, Trial Court dismissed the suit. The learned Judge of the Small Causes Court noticed that the conducting agreement between Applicant and Defendant No.3 entered into on 19/12/2007 is a business agreement. It is further observed that the said agreement does not transfer or assign tenancy rights in respect of suit premises to Defendant No.3. 7] Non-applicant Nos. 1 to 7 / original Plaintiffs preferred Appeal No.69 of 2017. Appellate Bench of the Small Causes Court vide judgment impugned dated 4/5/2022 allowed the appeal. As such, this Revision. 8] Mr. Hegde, learned Counsel for the Applicant would strenuously urge that the Appellate Court has committed an error in reversing the judgment of the Small Causes Court, particularly on the issue pertaining to business conduct agreement entered into between Applicant/Defendant No.1 and Defendant No.3. He has relied on documents produced by the Applicant viz medical papers, electricity bills, licenses issued by various public authorities and the photographs. According to him, merely because Defendant No.3 was permitted to run and manage business for Defendant No.1 i.e. Applicant, it cannot be said that sub-tenancy was created in favour of Defendant No.3 as neither permanently possession was parted nor compensation or rent is received from Defenant No.3. According to him, business conduct agreement was only to overcome difficulty faced by the Applicant because of his domestic and health issues. So as to substantitate his contentions, he has relied on the judgment of this Court in the matter of Dipak Banerjee vs Smt. Lilabati Chakraborty reported in 1987 (2) R.C.J. 644 so also in the matter of Bhairulal Balmukund Verma vs. Poonamchand Kasturchand Sancheti & Anr., reported in 1997 Bom. R.C. 270. 9] In addition to above, Mr. Hegde, Counsel appearing for the Applicant would invite my attention to the findings recorded by the Small Causes Court. According to him, after reappreciating evidence by the Appellate Bench, merely because different view was possible, suit for eviction came to be decreed. 10] Counsel for non-applicant Nos. 1 to 7/original Plaintiffs would support the order impugned, as according to her, recitals in the conduct agreement, evidence of the Plaintiffs has sufficiently established the case of subletting. 11] I have appreciated rival submissions. 12] Fact remains that Defendant No.2 has not resisted claim by filing Written Statement or examining himself as witness of the Applicant. Applicant denied any relation with Defendant No.2 and Defendant No.3. Defendant No.3 has specifically stated in his Written Statement that she has neither entered into agreement nor is in possession of the suit premises. As far as possession before 2007 with Defendant No.2 is concerned, P.W. 3 – Nancy Pareira has been examined as Court Commissiner who in her evidence specifically brought on record fact about management of business in the name of M/s Food Factory in the suit premises. P.W. 1 – Devang i.e. Plaintiff No.2. in his evidence has placed on record management of the said business by one Mr. Suraj Kundanraj based on the documents issued by the Sales Tax Authority. Fact remains that Defendant No.2 appears to be in exclusive possession of the suit property on the date of initiation of the suit. First appellate court in view of provisions of Order 41 Rule 27 clause (b) has rightly permitted production of documents in relation to the management of business by Defendant No.2 independently, as could be inferred from the document issued by the Sales Tax Department. 13] P.W. 3 – Nancy Pareira in her evidence has proved the report Exhibit-7. In the said report, she has stated about inquiry made by her about names and status of the employees in the suit premises when she visited on 19/08/2005. She has specifically stated that all the employees have stated that they are working with Defendant No.2. Though Applicant in his examination in chief has stated that he is maintaining muster of the employees and their salary register, said documents eventually are not produced by the Applicant on record to discharge his burden, after initial burden was discharged by the land owners i.e. non-applicant Nos. 1 to 7. 14] Though Applicant/Defendant No.1 and Defendant No.3 have specifically denied about parting with possession and receipt of possession for managing business in the capacity of sub-tenant, however, Plantiffs under Right to Information Act collected documents from the office of MTNL. Amongst other said documents contains business conduct agreement whereby Defendant No.3 has managed business in the name of "Dolce Vita". The witness from MTNL's Office i.e. P.W. 2- Sadanand has specifically deposed about providing of three landline connections as against above documents and Applications and has produced forms and copy of the agreement which was submitted by Defendant No.3 for getting landline connection. The said agreement was entered into between Applicant and Defendant No.3 on 19/12/2007. The agreement though is titled as conducting agreement, however, cumulative effect of the recitals, if appreciated viz. "AND WHEREAS THE Conductor herein who is having sufficient experience in managing hotel business approached the owner in the 2nd week of December, 2007 and shown her willingness to conduct the said running business and requested the owner to allow her to conduct the said running business for a period of three (3) years with effect from 19.12.2007, on conducting basis, as such this agreement deemed to have commenced from 19.12.2007." "2. That for the due observance and performance of the terms and conditions of the conducting of said running business, hereinafter incorporated, the Conductor shall deposit with the Owner, a sum of Rs 5,00,000/- (Rupees Five Lacs only) on or before execution of this Agreement and acknowledgment of receipt of the same the Owner acknowledges by signing a receipt which is appeared in the last page of this Agreement and further the Owner shall refund said security deposit of Rs 5,00,000/- (Rupees Five Lacs only) to the Conductor, upon the expiration of these presents by efflux of time or by earlier determination thereof, subject to always to the conditions that said security deposit of Rs 5,00,000/- shall not bear interest of whatsoever nature; "3. The Conductor admit to pay to the Owner, the monthly royalty of Rs 30,000/- (Rupees Thirty Thousand Only) per month for first year and there shall be 5% increase in monthly royalty which will be for second year Rs 31,500/- per month and for third year Rs 33,075/- per month and said payment shall be remitted to the Owner on first week of every month, without fail for any reason. In the event the Conductor is complying all terms and conditions mentioned hereinabove, then the Owner is having option to extend the period of this Agreement for the period of further three years, subject to condition that there shall be increase of 10% (ten percent) on the said monthly royalty of third year in fourth year and futher 10% increase of the monthly royalty of 5th year and again 10% per cent increase of monthly royalty of 6th year." "4. That it has been agreed by and between the parties hereto that the Conductor shall be liable to pay the water charges, license fees, electricity charges and society's maintenance charges in respect of the said business premises, during the subsistence of this Agreement at his own costs, in the name of the Owner and shall give the receipt of said payments to the Owner as and when demanded for; "5. The Conductor do hereby convenant with the Owner that the Conductor shall pay the Income Tax, as well as Sales Tax, which number obtained in her own name during the subsistence period of this agreement and shall pay the same, at any event, shall not make said business and/or said premises for whatsoever nature encumbrances and further shall pay such other charges which may be imposed by concerned authorities and may become payable in respect of said hotel business, during the subsistence of this Agreement." "8. That the Conductor doth hereby further covenant with the Owner that during the subsistence of these presents, the Conductor shall not sale, assign, transfer, mortgage or create any lien in respect of the said hotel together with its premises and/or the Conductor shall not do any act in any manner which is likely to affect the rights, title, interest, good-will, tenancy of the said hotel in any manner whatsoever nor shall Conductor sub-let, re-let, under-let or create any third party interest either by way of leave and license or otherwise in respect of the said hotel or its premises or any part thereof." gives positive impression that said agreement is of subtenancy and not business facilitation agreement. The fact that conduct agreement was entered into between Applicant and Defendant No.3, Defendant No.3 getting three land line connections issued and installed in her name, based on the said agreement, the fact that Applicant has parted possession to Defenant No.3, the business conduct agreement was entered into at the request of Defendant No.3 and not as per the requirement of Applicant, accepting security deposit of Rs 5,00,000/-, fixed royalty of Rs 30,000/- per month to be payable by Defendant No.3 to the Applicant, 5% cumulative rise on said amount for each year, initially for three years, thereafter 10% rise in last royalty paid, sufficiently establishes agreement of subletting. The recitals in the agreement expressly provides for exclusive right to possession or interest in the suit premises of Defendant No.3 by the Applicant. Obligation in the form of royalty which will be increased every year with cumulative rise sufficiently speaks of receipt of compensation/rent with advance deposit of Rs 5 lakhs. 15] As such, agreement and telephone connections has prompted the Appellate Court to believe that Defendant No.3 is in possession of the suit premises. As such, act of the Applicant tenant that of giving possession of the tenanted accommodation to Defendant No.3, keeping the Plaintiffs in dark has rightly prompted the Appellate Court to form an opinion that the Applicant in clandestine manner transferred possession to Defendant No.3 who is a stranger to Plaintiffs/non-applicant Nos. 1 to 7. As such, Appellate Court has rightly formed an opinion of subletting of the property. Appellate Court has drawn support from the judgment of the Apex Court in the matter of Bharat Sales Ltd. vs. Life Insurance Corporation of India reported in [1998] 3 SCC 1. Agreement entered into between Applicant and Defendant No.3 by no stretch of imagination can be termed as permissive possession and not subletting. Possession handed over by the Applicant is in lieu of not only deposit of Rs 5 lakhs but also for monthly rent in the form of royalty. 16] P.W. 1 / Plaintiff No.2 in my opinion has discharged burden of demonstrating sub-tenancy based on aforesaid documents. Once the Plaintiffs have discharged the burden, then same shift on the Applicant who is duty bound to prove that parting of possession to Defendant No.3 was permissive i.e. within four corners of law. Rather parting of possession was without consent of the landlord and in lieu of fixed royalty to be received by Applicant. As such, support drawn by Mr. Hegde from the aforesaid two judgments of this Court in the matter of Dipak Banerjee and Bhairulal Balmukund Verma cited supra will be hardly of any assistance. Apart from above, Apex Court in its judgment in the matter of Celina Coelho Pereira (Ms) and Others vs. Ulhas Mahabaleshwar Kholkar and others reported in (2010) 1 SCC 217 has already held that if a party hands over possession of tenanted premises without consent of the landlord or keeping the landlord in dark in lieu of the compensation, the issue of subletting can be inferred. Applicant through his evidence in defense has not brought anything to the contrary on record. Rather from the above discussion Non-applicant/landlord has established the case of subtenancy. 17] In the wake of aforesaid observations, particularly when Plaintiffs have already discharged their burden of demonstrating case of subletting, Applicant was unable to explain about three landline connections provided in the suit premises. 18] In this backdrop, judgment of the Appellate Bench of the Small Causes Court appears to be just and proper and in tune with the law laid down. That being so, no error of jurisdiction could be noticed. Revision Application as such fails and same stands rejected. 19] Interim relief is extended up to 31st December, 2022. ( NITIN W. SAMBRE, J. )

Order - Status 5: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE SIDE JURISDICTION. CIVIL REVISION APPLICATION NO.744 OF 2014 Office Notes, Office Court's or Judge's orders Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Mr. P. S. Dani for the Applicant. Ms. A. M. Bhambwani for the Respondent. CORAM : K. K. TATED, J. DATE : JUNE 30, 2014 P.C.: Mentioned. Not on board. At the request of learned counsel for the Applicant the matter is taken on board for urgent orders. This Civil Revision Application is filed by the original Defendant Nos.1 and 7 challenging the judgment dated 28th March 2014 passed by the Appellate Bench of the Small Causes Court, Mumbai directing the Appellant to hand over the vacant and peaceful possession of the Suit premises i.e. Room No.21/22 on the second floor of the building known as Chippi Chawl, sitaute at 3236, Bombay – 400 002 within three months from the date of order to the Plaintiff. The learned counsel for Respondent No.1 original Plaintiff makes a statement that till next date, she will not execute the decree. Statement is accepted. Office is directed to place the matter on board on 30th July 2014. In the meantime, the Applicant is directed to serve the Respondent by way of private notice either by RPAD and/or by hand delivery and to file an affidavit of service to that effect on or before next date. JUDGE

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 744 OF 2014 Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr P.S.Dani, Advocate for the applicant. Mr P.S.Dani, Advocate for the applicant. Ms.Asha M. Bhambwani, Advocate for the respondent. CORAM: R.G.KETKAR, J. DATE : 27/08/2014 PC: Not on Board. At the request of Ms. Bhambwani, taken up in the production board. Heard Mr. P.S.Dani, learned counsel for the applicant and Ms. Asha Bhambwani, learned counsel for the respondent. The learned counsel appearing for the parties state that by order dated 30.7.2014, statement made by learned counsel for respondent no.1-original plaintiff that till next date she will not execute the decree, was accepted and the application was ordered to be listed today for admission. However, the application is not listed for admission till today, ie 27.8.2014. She, therefore, mentions the matter for continuation of the ad-interim order. In view thereof, list the Application for admission on 15.10.2014. In the meantime, the ad-interim order granted on 30.7.2014, shall remain in force. (R.G.KETKAR,J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CORAM : M. S. SONAK, J. DATE : 23 JUNE 2015. P.C . :- On account of paucity of time, rest of the matters on Supplementary/ Daily Boards stand adjourned on the dates fixed as per the CMIS. Sr. Nos. C.M.I.S. Date 10, 11,12, 13, 14, 15, 19, 20, 21, 22, 23, 24, 25 13/07/2015 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 14/07/2015 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 62, 63, 64, 65 15/07/2015 66, 67, 68, 69, 70, 73 16/07/2015 If in any of the above matters, ad-interim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If ad-interim relief is not granted for a limited period, the said orders will remain unaffected. (M. S. SONAK, J.)

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CORAM : M. S. SONAK, J. DATE : JULY 15, 2015 P. C. : On account of paucity of time, rest of the matters on Supplementary and Daily Boards stand adjourned on the dates fixed as per the CMIS. Sr. Nos. C.M.I.S. Date Daily Board 03/08/15 2, 5, 6, 7, 8, 9, 10, 11, 12. 13, 14, 15, 17, 18, 20, 21, 22, 23, 24, 04/08/15 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35. 05/08/15 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46. 06/08/15 If in any of the above matters, adinterim relief or interim relief is operative till today, the same will continue to operate till the respective next dates. If adinterim relief is not granted for a limited period, the said orders will remain unaffected. (M. S. SONAK, J.)

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.744 OF 2014 Himmatlal Chhogalal and Anr. ] … Applicants Versus Vijaysingh Gordhandas and Ors. ] … Respondents Mr. Suresh M. Jain for Applicants. Ms. Asha Bhambwani for Respondents. Mr. Himmatlal Chhogalal, Applicant No.1, present in person. CORAM : M. S. SONAK, J. DATE : SEPTEMBER 15, 2015 P. C. : The learned Counsel for Applicants, on the basis of instructions from the Applicants, states that they desire to withdraw this Civil Revision Application. Accordingly, leave is granted to withdraw the Civil Revision Application and the same is disposed of as withdrawn. Mr. Himmatlal Chhogalal, Applicant No.1, present in person. Mr. Suresh M. Jain states that he will file Vakalatnama within a period of one week from today. The statement is accepted. (M. S. SONAK, J.) CERTIFICATE Certified to be true and correct copy of the original signed Order.

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.78 OF 2012 Om Prakash Dharampal Agarwal .. Applicant Vs. Niranjan Dharmadas Chawla and Anr. .. Respondents Mr.Rafeeq Peermohideen i/b. Mr.Jeetendra Sachdev, Advocate for Applicant. Mr. Sanjay Kshirsagar, Advocate for Respondent No.1. CORAM : R.Y. GANOO, J. DATE : MARCH 31, 2012 P.C.: I have heard the learned advocates on both sides. Applicant is the original defendant No.1 in the Court of Civil Judge, Senior Division, Pune in Special Civil Suit No.643 of 2008. The present applicant is an auction purchaser in regard to the property which was put up for sale by Respondent No.2 Central Bank of India to the extent of 5500 sq. ft. The total area according to the plaintiffs/Respondent No.1 is 6854.2 sq. ft. The Respondent No.1 wants a declaration from the learned Trial Judge in Civil Court that he continues to be the owner in respect of the property admeasuring 1354.2 sq. ft. of the description in the prayer clause (f). pmw 1 Learned advocate for the applicant wanted to contend that Recovery Officer of the Debt Recovery Tribunal will be the competent authority to resolve the dispute raised in the present plaint and, therefore, this court will have no jurisdiction. This contention of the learned Advocate for the applicant cannot sustain because the point raised by the present Respondent No.1 in the aforesaid suit is not concerning the sale of property of a particular description but he wants a declaration that he is the owner and continues to be so in respect of the property described in the plaint and prayer clause (f). Surely, such declaration can be granted by Civil Court and by no other court. In view of the above, the application is dismissed as no interference is required in the impugned order. There shall be no orders as to costs. (R.Y. GANOO, J.)

Order - Status 5: (CRA 473 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.473 OF 2011 Smt.Champabai Maruti Garud since deceased through LRs. Daulatrao Maruti Garud ...Applicant Vs. Dilip Gorakhanath Dalvi ...Respondent ----- Mr.Rajesh More for Applicant ----- CORAM: V.M. KANADE J. DATED: 21st June, 2011 P.C. Issue notice before admission, returnable on 25th July, 2011. In the meantime, there shall be ad-interim relief in terms of prayer clause (c). Humdust permitted, private service permitted. (V.M. KANADE J.) 1

Order - Status 14: dik FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.473 OF 2011 Office Notes, Office Court's or Judge's orders Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Shri.Rajesh More, Advocate for Applicants. Shri.V.G.Peshave, for respondent. CORAM : A.S.OKA, J. DATE : 6th JANUARY, 2012. P.C. Heard learned counsel appearing for the parties. When this Court was inclined to issue Rule, learned counsel appearing for the respondent seeks time to take instructions on the issue whether the respondent is willing to produce witness Ramkrishna Darekar for crossexamination before Trial Court. Stand over till 25.1.2012. Adinterim relief granted earlier to continue till further order. [ A.S.OKA, J ]

Order - Status 16: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's Court's or Judge's orders orders or directions and Registrar's orders Mr. Rajesh More for the Applicants Mr. V.G. Peshave for the Respondent. CORAM : A.S.OKA, J. DATE : 25th January, 2012. P.C. Heard the learned counsel appearing for the applicants and the learned counsel appearing for the respondent. The order dated 6th January, 2012 needs clarification. It must be clarified that after hearing the learned counsel appearing for the parties, when this Court was inclined to issue Rule, this Court made a query as to whether the respondent was willing to produce the witness Ramkrishna Darekar for crossexamination. That is the reason why the learned counsel appearing for the respondent sought time to take instructions. To that extent, the earlier order stands clarified. The learned counsel appearing for the respondent states that the respondent has not given any instructions on the aforesaid aspect. Rule. Advocate for respondent waives service. Rule on interim relief is made returnable on 29th February, 2012. As a condition for grant of stay, the applicants will have to deposit a reasonable amount by way of compensation from the date of the decree passed by the Trial Court. The determination of the said amount shall be made at the time of hearing as to interim relief. There will be adinterim stay of decree for possession. [ A.S.OKA, J ]

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1 CIVIL REVISION APPLICATION NO. 473 OF 2011 Office Notes, Office Court's Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr. Rajendra More for the Applicants. Mr. V.G. Peshave for respondent. CORAM : K.K.TATED,J. DATE : 14/03/2012. PC: 1 Heard the learned counsel for the parties. 2 In this Revision Application this court (Coram: A.S. Oka, J.) granted rule on 25th January, 2012. Today the matter is on board for confirmation of the stay and for determining the compensation payable by the Applicant - tenant to the Respondent – landlord. By consent the following order is passed: a) The Applicant undertakes to pay a sum of Rs.500/- by way of monthly compensation to the Respondent – landlord from 1st April, 2006 till the hearing and final disposal of the present Civil Revision Application. b) The Applicant undertakes to clear the arrears till March, 2012 within eight weeks from today. c) The Applicant also undertakes to pay monthly compensation of succeeding months on or before 10th day of each month to the Respondent – landlord. d) The Applicant to deposit arrears as well as subsequent compensation in the Small Causes Court at Pune. e) The Respondent is granted liberty to withdrawal of the said amount. f) Pending hearing and final disposal of the present Civil Revision Application interim relief in terms of prayer clause (c) which reads thus: "(c) Pending hearing and final disposal of this Civil Revision Application, this Hon'ble Court be pleased to stay the operation and implementation of the impugned judgment and decree dated 23/3/2011 passed by the learned District Judge No.9 at Pune in Civil Appeal No. 404 of 2006 and the judgment and decree dated 28/3/2006 passed by the learned Judge of Addl. Small Causes Court at Pune in Civil Suit No.272 of 2002." (K.K.TATED, J.) katkam

Order - Status 21: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO.473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 27/10/2016 None present Three weeks time (excluding Diwali Vacation) is granted to carry out amendment. sd/ REGISTRAR (JUDLII)

Order - Status 22: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 06/12/2016 None present Three weeks time granted to carry out amendment. sd/ REGISTRAR (JUDLII)

Order - Status 23: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 10/01/2017 None present Amendment is not carried out. Matter to proceed to next stage. sd/ REGISTRAR (JUDLII)

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 473 OF 2011 Smt. Champabai Maruti Garud (since deceased), CIVIL REVISION APPLICATION NO. 473 OF 2011 ••• Applicants. Smt. Champabai Maruti Garud (since deceased), through Shri Daulatrao Maruti Garud and Ors. … Applicants. ——— Mr. Soham Powar i/by Mr.Rajesh More, Advocate for the Applicants. ——— CORAM : SHARMILA U. DESHMUKH, J. DATE : DECEMBER 20, 2023. P. C.: Learned counsel appearing for the Applicants on instructions submits that the matter has been settled between the parties and seeks permission to withdraw the Petition. Petition is disposed of as withdrawn. (Sharmila U. Deshmukh, J.)