Ivor D'Abreo v. Mervyn D'Souza And ANR

13 cac159-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.159 OF 2016 IN CIVIL REVISION APPLICATION NO.195 OF 2007 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.A.Khan for the applicant Mr.Lendl Coutinho i/b Mr.Denzil D'mello for the respondent CORAM : K. K. TATED, J.

DATE : MARCH 29, 2016 P.C.:

Heard the learned counsel for the parties.

Advocate appearing on behalf of tenant filed Affidavit-in-Reply. Same is taken on record. This application is preferred by landlord for fixing early date of hearing of Civil Revision Application No.195 of 2007.

The learned counsel for the landlord submits that there is a concurrent finding of fact recorded by both the courts below. He further submits that the tenant himself is not residing in the suit premises. Some third person is occupying Mohite 1/2

13 cac159-16 the same. He further submits that applicant's mother is 87 years old. She is residing alone in flat above the suit premises. He submits that applicant decided to stay with his mother who is Senior Citizen. Hence, hearing of Civil Revision Application be expedited.

On the other hand, the learned counsel for the tenant vehemently opposed the present Civil Application. He submits that there is urgency in the present matter.

Considering the submissions made by the learned counsel for the landlord and the averments made in the Application, I am satisfied that the landlord has made out a case for allowing the present Civil Application. Hence, following order: a) Hearing of Civil Revision Application No.195 of 2007 is expedited.

b) Office is directed to place the matter in the weekly board for final hearing in expedited matters as per its turn.

c) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2