Mr. Harshad Prakash Narkar v. Mr. Moru Lumbharam Chaudhari And ORS.

wpst-8341-17(915)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION St. NO. 8341 OF 2017 Mr. Harshad Prakash Narkar ..Petitioner Vs.

Mr. Moru Lumbharam Chaudhari & Ors ..Respondents Mr. V. S. Kapse i/b Mr. Kunal J. Rane for the Petitioner CORAM :

R. M. SAVANT, J.

DATE :

6th APRIL, 2017 P.C.

In view of the remedy by way of a Revision under Section 34(4) of the Maharashtra Rent Control Act 1999, being available to the Petitioner against the impugned order, it is not necessary for this Court to entertain the above Writ Petition. By relegating the Petitioner to the said remedy, the above Writ Petition is disposed of.

Needless to state that if a Revision Application is filed by the Petitioner before the Appellate Bench of the Small Causes Court, the same would be tried on its own merits and in accordance with law and the contentions of the parties are kept open for being urged before the Revisionary Authority. If the issue of limitation arises, the fact that the Petitioner was prosecuting the instant Petition in this Court from 21-3-2017, can be urged by the Petitioner.

[R.M.SAVANT, J] mmj