Rajiv Ramesh Grover And Prs v. Mr. Shrikant Madhukar Gondkar

905-I.CRA-552-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Revision Application NO. 552 OF 2017 Rajiv Ramesh Grover and others ...Applicants

Versus

Mr. Shrikant Madhukar Gondkar and others

...Respondents

....

Mr. Anvil Kalekar i/b. Jaydeep Deo, Advocate for the Applicants. Mr. Prasad Sarvankar i/b. Chaitanya Nikte, Advocate for the Respondents.

....

CORAM : R. G. KETKAR, J.

DATE : 12th OCTOBER, 2018 P.C.

1.

Heard Mr.Anvil Kalekar, learned counsel for the applicants and Mr.Prasad Sarvankar, learned counsel for the respondents. 2.

This Petition takes exception to the order dated 25.7.2017 passed by the learned 5th Additional Judge of the Small Causes Court at Pune below Exhibit-75 in Civil Suit No.300/2010. By that order, the learned trial Judge rejected the application made by the defendants under Order VII Rule 10 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') for returning the plaint for presentation before the proper Court. The defendant contended that the suit premises situate in the 1 / 2

905-I.CRA-552-17.doc cantonment area of Pune Board and the provisions of the Maharashtra Rent Control Act, 1999 (for short, 'Act') are not applicable. 3.

By order dated 24.9.2018 passed in C.R.A. No.249/2018 (Shireen Dady Adenwalla Vs. Yasmin Dinyar Ilavia) and other companion matters, I have held that the provisions of the Act are applicable to the Pune Cantonment Area. Hence, I do not find that the learned trial Judge has committed any error in rejecting the application. Hence, Civil Revision Application fails and the same is dismissed with no order as to costs. Order accordingly.

(R. G. KETKAR, J.) Deshmane (PS) 2 / 2