Late Shree Shankarlal Mohanlal Shah, Thru. Lrs Smt. Pushpaben Shankarlal Shah And ORS v. Late Shree Sadanand Padharinath Gandre, Thru. Lrs Smt Savita Sadanand Gandre And ORS

29) cas793-17-15.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.793 OF 2017 IN CIVIL REVISION APPLICATION (ST) NO.33778 OF 2016 WITH CIVIL APPLICATION (ST) NO. 33779 OF 2016 Late Shree Shankarlal Mohanlal Shah through LRs.

..Applicants.

V/s.

Late Shree Sadanand Pandharinath Gandre (since deceased) through LRs.

..Respondents.

Mr.Chetan Shah for the Applicants.

Mr.Rohit Joshi for the Respondents.

CORAM : N.M.Jamdar, J.

DATED : 19 January, 2017 P.C. :- Civil Application (St) No.33779 of 2016 is not on board. By consent of parties, taken on board as the main Civil Revision Application is placed on board today.

2.

Heard the learned counsel for the parties. Though there is a delay of 230 days in filing the revision application, considering 1/2

29) cas793-17-15.doc the fact that the Applicant had earlier filed Second Appeal, which was permitted to be withdrawn with liberty to file Civil Revision Application, on 28 November, 2016, wherein the learned counsel for the Respondents had given no objection, the delay in filing the revision application is condoned. Accordingly, the Civil Application is allowed in terms of prayer clause (a). Place the Civil Revision Application on board on 15 February, 2017.

3.

The learned counsel for the parties state that they will jointly request the Executing Court for an adjournment accordingly. It will be open to the Applicants to deposit the arrears of rent in the trial Court, subject to the rights and contention of the parties. (N.M.Jamdar, J.) 2/2