Mr. Dinyar Darobshaw Daruwala v. Mr. Mahendra Ramanlal Thacker And ORS

1 906.CRA.81-19-CONVERT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.81 OF 2019 [Dinyar D. Daruwala Vs. Mahendra R. Thacker & Ors.] With CIVIL APPLICATION NO. 26 OF 2019 In CIVIL REVISION APPLICATION NO.81 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. G.C. Singh i/b. Shweta Singh, Advocate for Applicant. CORAM : R. G. KETKAR, J.

DATE : 09/04/2019 P.C.:

1.

Heard Mr. G.C. Singh, learned Counsel for the applicant, at length.

2.

By this Application under Section 115 of Code of Civil Procedure, 1908 (for short, 'C.P.C.'), the applicant has challenged the order dated 8.8.2018 passed by the Appellate Bench of the Small Causes Court at Mumbai below Exhibit-8 in Appeal No.216/2017. By that order, the Appellate Court allowed the application Exhibit-8 made by the petitioner, hereinafter referred to as the 'defendant', and stayed the eviction decree dated 22.4.2013 passed by the trial Court in R.A.E. Suit No.301/468 of 2007 until further order subject to conditions stipulated in the impugned order.

3.

As the order impugned is interlocutory, leave to convert C.R.A. into Writ Petition is granted. Amendment shall be carried out within one week from today. By a separate order, the Petition is disposed of. Hence, office to convert C.R.A. into Writ Petition forthwith so that order disposing of petition can be uploaded. Order accordingly. (R. G. KETKAR, J.) Deshmane(PS) 1/1