Theresa Mathew Fonseca And ORS. v. Union Of India And ORS

8-caw-442-2009.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.442 OF 2009 IN WRIT PETITION NO.5898 OF 2005 Theresa Mathew Fonseca & Ors.

] Applicants Vs.

Union of India & Ors.

] Respondents .....

Mr. Parag M. Tilak, for Applicant.

Mr. N.D. Sharma, for Respondent No.1.

Ms. Neeta Masurkar, for Respondents No.2 and 3. .....

CORAM :

R.G. KETKAR, J.

DATE :

6TH JULY, 2018.

P.C.

Heard Mr. Tilak, learned Counsel for the applicant, Mr. Sharma, learned Counsel for respondent No.1 and Ms. Masurkar, learned Counsel for respondents No.2 and 3.

2.

This is an application for fixing peremptory date for final hearing of Writ Petition No.5898 of 2005.

3.

Mr. Tilak submitted that the suit is instituted in the year 1991 for recovery of possession of the suit premises invoking grounds of reasonable and bona fide requirement as contemplated under section 13 (1) (g) as also section 13 (1) (a) and 13 (1) (b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Apart from that, applicant No.1 is a senior citizen.

8-caw-442-2009.odt 4.

In view thereof, Office is directed to place matter for final hearing considering the fact that applicant No.1 is a senior citizen as also applicants have invoked ground of reasonable and bona fide requirement under section 13 (1) (g) of the Act. C.A. is disposed of.

[R.G. KETKAR, J.]