Jiandraray Sadoromal Talreja v. Ganpat Mahadev Mali And ORS

2023:BHC-AS:36385 21-WP14255-2018.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14255 OF 2018 Jiandraray Sadoromal Talreja

...Petitioner

Versus

Ganpat Mahadev Mali & Ors.

...Respondents

-------------------- Mr. Sugandh b. Deshmukh a/w Mr. Irvin D'souza for the Petitioner. Mr. Drupad S. Patil for Respondent No. 1 & 6. --------------------- CORAM : SHARMILA U. DESHMUKH, J.

DATE : DECEMBER 6, 2023 P. C. :

1.

It is not necessary for this Court to go into the merits of the impugned order in view of the consensus that has been arrived at between the parties that the order of the Trial Court dated 27th August, 2012 fixing the standard rent of Rs. 300/- p.m. as well as the order of the Revisional Court enhancing the standard rent of Rs. 4,000/- per month by order dated 5th April, 2016 be quashed and set aside and the matter be remanded to the Trial Court to be considered afresh. 2.

In light of the consensus arrived at between the parties, the order of the Trial Court dated 27th August, 2012 and the order of the Revisional

21-WP14255-2018.doc Court dated 5th April, 2016 is hereby quashed and set aside and the Misc. Civil Application No. 247 of 2009 filed for fixation of standard rent is restored to be decided afresh.

3.

The parties are at liberty to place relevant material on record by way of additional evidence. Since the Application is of the year 2009, the Trial Court is requested to decide the same expeditiously. 4.

Writ Petition is disposed of in the above terms. (SHARMILA U. DESHMUKH, J. )