Prakash Omkar Rane v. Krishna Dagadu Shelar And Another

1 CAC 328-15 @ CAC 330-15 in CRA 868-11.doc-906

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.328 OF 2015 WITH CIVIL APPLICATION NO.330 OF 2015 IN CIVIL REVISION APPLICATION NO.868 OF 2011 Shri Krishna Dagadu Shelar.

] ... Applicant In the matter between Mr. Prakash Omkar Rane.

] ... Applicant/ Org. Defendant No.2

Versus

1. Shri Krishna Dagadu Shelar, ]

2. Shri Kalpesh Ashwin Shah.

] ... Respondents/ Org. Plaintiff/ Org. Defendants No.1/2 Sapna Nath for Applicant.

Mr. Madhav J. Jamdar for Respondents.

CORAM :- M. S. SONAK, J.

DATE :- JULY 29, 2015 P. C. :- 1.

Mr. Madhav Jamdar, learned Counsel for Original Applicant in Civil Revision Application No.868 of 2011, states that the conditions imposed in the order dated 07/05/2012 have been duly complied with. Necessary Affidavit to this effect is already prepared, URS

2 CAC 328-15 @ CAC 330-15 in CRA 868-11.doc-906 but the same could not be filed on account of some death in the family of the Applicant. Mr. Jamdar however offers to produce on record receipt and other documents, which will make it clear that the conditions of the order dated 07/05/2012 have been complied with. 2.

Accordingly, the learned Counsel for Respondent-landlord does not press for vacation of interim relief. 3.

However, considering the circumstance that the Respondent is a senior citizen, the Civil Application No.328 of 2015 is made absolute in terms of prayer clause (b).

4.

For the same reason, Civil Application No.330 of 2015 is also made absolute in terms of prayer clause (a) thereof which, in fact, identical to the relief in terms of prayer clause (b) in Civil Application No.328 of 2015.

5.

Accordingly, both the Civil Applications are disposed of. (M. S. SONAK, J.) URS