Smt. Shrirangi Narendra Thanekar @ Anjali Narendra Thanekar v. Malti Keshav Pimpalkhare (Since Decd.) Through Lrs.

1-CAW-2346-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.2346 OF 2018 IN WRIT PETITION NO.4674 OF 2005 Shrirangi Narendra Thanekar ] (alias Anjali Narendra Thankear) ] Applicant

IN THE MATTER BETWEEN:

Malti Keshav Pimpalkhare ] (Since deceased through Heirs) ] Varsha Keshav Pimpalkhare and Anr. ] Petitioners Vs.

Narendra Waman Thanekar ] (since deceased through his Lrs.) ] Shrirangi Narendra Thanekar ] (alias Anjali Narendra Thankear) ] and others.

] Respondents .....

Ms. Dhanashri M. Hule, learned Counsel for the Applicants. Mr. Ramesh Karale i/b P.M. Arjunwadkar, for the Respondents. .....

CORAM : R.G. KETKAR, J.

DATE : 28TH JANUARY, 2019.

P.C.

Heard Ms. Hule, learned Counsel for the applicants and Mr. Karale, learned Counsel for the respondents.

2.

This is an application for fixing Writ Petition No.4674 of 2005 peremptorily for final hearing.

1-CAW-2346-2018.odt 3.

Ms. Hule submitted that the applicant is aged about 69 years and is a senior citizen. By order dated 31st March, 2004, the learned trial Judge dismissed the suit instituted by the applicant invoking grounds under sections 15 and 16 (1) (g) of the Maharashtra Rent Control Act, 1999 (for short 'Act'). By order dated 11th March, 2005, the learned District Judge allowed the appeal. Aggrieved by this decision, the defendant has instituted Writ Petition No.4674 of 2005 which is admitted on 19th July, 2005. She submitted that the requirement pleaded is of three sons who are of marriageable age and present accommodation is insufficient. She further states that R & P is received and copy of the Civil Application is served on Mr. P.M. Arjunwadkar. 4.

In view thereof and for the reasons stated in the application, C.A. is allowed in terms of prayer clause (a) with no order as to costs. Civil Application is disposed of.

5.

Fix Writ Petition No.4674 of 2005 for final hearing on 8th February, 2019.

[R.G. KETKAR, J.]