Vishavanath Shivlingappa Patil v. Smt. Gangabai Koli Decd Thru Lhrs And ANR

19_ia_2750_2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2750 OF 2021 IN WRIT PETITION NO.4761 OF 2002 WITH WRIT PETITION NO.4761 OF 2002 Vishwanath Shivlingappa Patil ...Applicant/Petitioner

Versus

Smt. Gangabai Koli (since deceased through her legal heirs) 1A) Shivshaaran Bhimsha Koli (since deceased through his legal heirs) 1A-A) Smt. Mangal Shivsharan Koli and Ors.

...Respondents

....

Mr. Sagar Kursija with Mr. H.D. Chavan and Mr. Anshuman Deshmukh for the Applicant.

None for the Respondents.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 13th OCTOBER, 2023.

P. C. :- INTERIM APPLICATION NO.2750 OF 2021:- 1.

The Petitioner- landlord has filed an eviction suit, which was decreed by the Trial Court. In an appeal filed by the tenant, the Digitally signed by MEGHA SHREEDHAR PARAB Date:

2023.10.17 15:14:26 +0530 decree of the Trial Court was set aside and consequently the suit was MEGHA SHREEDHAR PARAB dismissed. Aggrieved by the said order the Petitioner-landlord has Megha 1/2

19_ia_2750_2021.doc filed Writ Petition No.4761 of 2002 under Article 227 of the Constitution of India.

2.

By this application, the Applicant seeks appropriate orders since the suit premises are no longer existing. 3.

Learned counsel for the Applicant states that the premises have collapsed and that the Respondents are no longer residing in the suit premises. On this contention the appropriate order according to him is to allow the petition.

4.

The application is totally devoid of merits and is dismissed with cost of Rs.5,000/- to be paid to Tata Memorial Hospital, within two weeks.

5.

The application stands disposed of.

6.

Stand over to 06/11/2023 for compliance.

WRIT PETITION NO.4761 OF 2002:- 7.

Writ Petition is of the year 2002. Hence, the petition be listed on final hearing board in the week commencing from 06/11/2023.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2