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Bombay High CourtIA/2728/2020disposed off

Gauri Pannalal Prajapati v. Mr. Shyamlal Yadhav

2023-02-09Hon'Ble Shri Justice Madhav J. Jamdar6 pages

Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2454 OF 2020 CIVIL REVISION APPLICATION NO.275 OF 2018 Mr. Abhinav Narottam Yadav INTERIM APPLICATION NO.2747 OF 2020 CIVIL REVISION APPLICATION NO.211 OF 2018 Rajkumar Ramraj Mishra INTERIM APPLICATION NO.2748 OF 2020 CIVIL REVISION APPLICATION NO.500 OF 2017 Omprakash Pandey S/o Ramkaran Pandey INTERIM APPLICATION NO.2749 OF 2020 REJECTED CASE NO.2399 OF 2017 Mrs. Chamela Bakelal Jadhav INTERIM APPLICATION NO.2745 OF 2020 CIVIL REVISION APPLICATION NO.643 OF 2017 1/6

Kailashprasad Munilal Rajbhar INTERIM APPLICATION NO.2741 OF 2020 CIVIL REVISION APPLICATION NO.522 OF 2017 Mr. Raju Gajaraj Rajbhar INTERIM APPLICATION NO.2719 OF 2020 CIVIL REVISION APPLICATION NO.519 OF 2017 Mr. Manubhai Popatbhai Devani INTERIM APPLICATION NO.2720 OF 2020 CIVIL REVISION APPLICATION NO.523 OF 2017 Mr. Subhadra Ramvilas Sharma INTERIM APPLICATION NO.2721 OF 2020 CIVIL REVISION APPLICATION NO.273 OF 2018 Mr. Rakesh Kedarnath Singh INTERIM APPLICATION NO.2722 OF 2020 CIVIL REVISION APPLICATION NO.359 OF 2017 2/6

Mr. Sankataprasad Shyamraj Rajbhar Thr. POA. Shri. Ashish Sankataprasad Rajbhar INTERIM APPLICATION NO.2723 OF 2020 CIVIL REVISION APPLICATION NO.272 OF 2018 Mrs. Bhagwandas Mourya INTERIM APPLICATION NO.2724 OF 2020 CIVIL REVISION APPLICATION NO.360 OF 2017 Mr. Mataprasad Ramjas Yadav INTERIM APPLICATION NO.2726 OF 2020 CIVIL REVISION APPLICATION NO.641 OF 2017 Kripa Ramnath Bhardwaj INTERIM APPLICATION NO.2728 OF 2020 CIVIL REVISION APPLICATION NO.531 OF 2017 Mr. Shyamlal Yadhav INTERIM APPLICATION NO.2729 OF 2020 CIVIL REVISION APPLICATION NO.524 OF 2017 3/6

Mr. Kedar Kanhai Yadav INTERIM APPLICATION NO.2731 OF 2020 CIVIL REVISION APPLICATION NO.274 OF 2018 Mr. Satyaram Jaiju Yadav INTERIM APPLICATION NO.2733 OF 2020 CIVIL REVISION APPLICATION NO.514 OF 2017 Mr. Bodi Ramsumer Yadav INTERIM APPLICATION NO.2734 OF 2020 CIVIL REVISION APPLICATION NO.352 OF 2017 Mr. Dhanraj B. Yadav INTERIM APPLICATION NO.2735 OF 2020 CIVIL REVISION APPLICATION NO.349 OF 2017 Mr. Harishankar Dudhnath Yadav  Mr. D.R. Singh a/w S.H. Singh i/b. R.B. Singh & Associates, for Petitioner.

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CORAM: MADHAV J. JAMDAR, J.

DATE : 9th FEBRUARY 2023 P.C.:

1.

Heard Mr. D.R. Singh, learned counsel appearing for the Applicant.

2.

Applicant - Gauri Pannalal Prajapati is the original Respondent in the respective Civil Revision Applications (hereinafter "original Respondent"). By order dated 6th March 2018 passed by the learned Single Judge, all the Civil Revision Applications were dismissed and stay was granted for a period of ten weeks.

3.

These Interim applications are taken out by the original Respondent seeking prayer to withdraw the arrears of rent deposited by the respective Applicants in this Court as per the said order dated 6th March 2018.

4.

Learned Single Judge by order dated 8th July 2022 passed in these Interim Applications issued notice to the Respondents and made the same returnable on 5th August 2022. On 5th August 2022, learned counsel of the original Respondent informed the Court that respective suit premises are demolished and therefore, it is not possible to serve the Respondent in the Interim Application i.e. the original Applicants in respective Civil Revision Applications. Learned Single Judge by order dated 5th August 2022 permitted the learned 5/6

Advocate of the Applicant in Interim Application i.e. original Respondent to serve copies of the applications on the Advocates who have represented the original applicants in respective Civil Revision Applications. The learned Advocate appearing for the original Respondent states that accordingly all the Advocates who have appeared for original Applicants in Civil Revision Applications are served and tenders affidavit of service. The same is taken on record. Despite service none appears for the original Applicants. 5.

For the reasons set out in the Interim Applications, the same are allowed in terms of prayer clauses (a) and (b). Interim Applications are disposed of in above terms with no order as to costs. (MADHAV J. JAMDAR, J.) 6/6