Bharat Petroleum Corporation Ltd. v. Shri Champalal Vithuram Jajoo (D/H) And Others

1 23 SA 329-14.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION SECOND APPEAL NO. 329 OF 2014.

Along with Civil Application No. 1000 of 2014 Bharat Petroleum Corporation Ltd.

... Appellant.

V/s.

Shri Champalal Vithuram Jajoo (Since deceased through L.Rs.) 1A. Shri Chandrakant Champalal Jajoo & ors. ... Respondents. Mr.S.R.Page, for the Appellant / Applicant.

MrMilind Sathaye, for Respondent Nos.1-A to 1-F, 2A to 2D, 3 and 4A to 4D.

Coram : N.M. Jamdar, J.

Wednesday 27 April, 2016.

P.C. :- This Appeal is filed by the Defendant No.1 in Regular Civil Suit No.149 of 1998. It is submitted by learned counsel for the Respondent Nos.1 to 4-D that the Suit for eviction was filed under the provisions of Bombay Rents, Hotel and Lodging House Rates, 1947 and it has been held as such by both the Courts and therefore, Second Appeal is not maintainable. The question of law framed by the Appeal memo also indicates the same position. Therefore, the Appellants will have to take out appropriate proceedings to challenge the impugned Judgment and order. Since it is informed that the execution proceedings are scheduled on 30 April 2016. The learned counsel for the parties state that they will

2 23 SA 329-14.doc take an adjournment for period of one week thereafter in the execution proceedings. If such application is made, the learned executing Court will grant the same.

2.

Accordingly, the Second Appeal stands disposed of with liberty to the Appellants to institute appropriate proceedings to challenge the impugned order. Civil Application is disposed of in above terms. (N.M. Jamdar, J.)