Mr. Laxman N Bhange v. Shri Girish Jagdish Agarwal And ANR

Sknair 28-cra-189-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 189 OF 2016 Mr. Laxman N. Bhange .. Applicant.

Vs.

Mr. Girish Jagdish Agarwal & Anr.

.. Respondents ...

Mr. H.P.Panday for Applicant.

Mr. A.Patki for Respondents.

CORAM : G.S. KULKARNI, J.

DATE : 9th JANUARY, 2018.

P.C. :

After the petition was heard for some time, learned counsel for the applicant fairly submitted that the applicant had no privity of any nature with the respondent landlord and that the applicant was never in occupation and possession of the suit premises and it was his son who was in occupation and possession of the suit premises. Learned counsel for the applicant also agrees that no useful purpose would be served in pursuing these proceedings which arises out of the application for setting aside the exparte decree. In these circumstances learned counsel for the applicant also conceded to the fact that it would be always open to the applicant's son to pursue appropriate proceeding if at all he was aggrieved by the decree or any other proceeding thereunder as the decree was passed in the proceeding without impleading his son. 2.

In view of the above submissions as made on behalf of the applicant, the present revision application would not require any further

Sknair 28-cra-189-2016.doc adjudication. Civil Revision Application is accordingly disposed of, without prejudice to the rights of the respondent or any other third parties qua whom the decree in question would become relevant. 3.

The Civil Revision Application accordingly disposed of. (G. S. KULKARNI, J.)