Interim Order 1

Order Details: Order on Exhibit
Pdf Text: 1
MHSCA30006992022
THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
EXHIBIT NO.1
IN
REVISION APPLICATION NO.70 OF 2022
IN
EXHIBIT NO.17 OF 2019
IN
R.A.E SUIT NO.56 OF 2018
Mr. Jayantilal Baktawarmal Jain Applicant
(Original Defendant)
Versus
M/s. Indrayani Estate Developers Pvt.
Ltd., & Ors. Respondent/s
(Original Plaintiff)
Ramanand Ramsakal Sharma .. Advocate for Applicant.
Coram : Vilas. P. Kadam, Additional Chief Judge
&
A. H. Baig, Judge
C. R. No.41
Date : 01.10.2022
ORDER :- (Per Vilas. P. Kadam, Additional Chief Judge)
1. Heard advocate for appellant. He has submitted that the
suit filed by the landlord in which the revisional petitioner has filed
application for depositing the rent. But learned trial court has rejected
the said application and therefore the present revision came to be filed.
Further, he submits that there is no other remedy i.e. miscellaneous
appeal is available and therefore only revision is maintainable and
-- 1 of 2 --
2
therefore he sought permission for admission of this revision.
2. Definitely we have gone through the order of learned trial
court which shows that the trial court has observed that the suit is not
filed for eviction on the basis of arrears of rent and no notice is issued
by the landlord to the tenant. Thus, at this juncture definitely by
keeping open all the points including maintainability only revision is
admitted and therefore issue notice to the respondent
I agree,
(A. H. Baig) (Vilas. P. Kadam)
Judge Additional Chief Judge
C. R. No.41 C. R. No.41
Order dictated on : 01.10.2022
Order transcribed on : 01.10.2022
Order checked on : 01.10.2022
-- 2 of 2 --