Nitinkumar Hakchand Alias Nitin Shah v. Geerald Paul Dmello

sr.18.cra.3.23..doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 03 OF 2023 Nitinkumar Hakchand Alias Nitin Shah ...Applicant ` (Orig. Defendant) V/s.

Gerald Paul D'mello.

...Respondent

(Orig. Plaintiff) Mr. R. S. Tripathi a/w Laxmi Chauhan i/b Pankaj Dwivedi, for the Applicant.

Ms. Eventa A. Gonsalves a/w Mr. Reyden L. Gonsalves, for the Respondent.

CORAM : MADHAV J. JAMDAR, J.

DATE : 03rd February, 2023 P.C.:

1.

Heard Mr. R. S. Tripathi, learned counsel appearing for the Respondent.

2.

The learned Trial Court by Judgment and Decree dated 19th November, 2018 passed in R.A.E. Suit No. 280/521 of 2009 decreed the Suit inter alia on the ground of reasonable and bonafide requirement and the denial of title. 3.

The learned Appellate Court after considering the evidence on record has come to the conclusion that the Defendant has denied the title of the Plaintiff and therefore, dismissed the appeal.

sr.18.cra.3.23..doc 4.

There is no material brought to the notice of this Court to point out that the impugned findings of the learned Trial Court and of the learned Appellate Court are not in accordance with the evidence on record.

5.

It is admitted position that during the pendency of this Civil Revision Application the decree of the eviction has been executed. Therefore, this is not a case where interference of this Court is required under Section 115 of the Civil Procedure Code. The Civil Revision application is dismissed, however, with no order as to cost.

(MADHAV J. JAMDAR, J.)