Dilipkumar Rameshchandra Patel And ANR. v. Ajmera Enterprises

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by VASANT ANANDRAO IDHOL Date:

2024.01.10 15:14:55 +0530 VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.18066 OF 2023 IN CIVIL REVISION APPLICATION NO.3 OF 2022 Dilipkumar R. Patil & Anr.

...Applicants

IN THE MATTER BETWEEN :

Ajmera Enterprises ...Applicant V/s.

Dilipkumar R. Patil & Anr.

...Respondents

Mr.Shravan M. Vyas for the Applicants in IA No.18066 of 2023 and for the Respondent Nos. 1 and 2 in CRA No.3 of 2022. Mr.Sharad Bansal with Mr.Krishkumar A. Jain and Mr.Kalpesh A. Bandre i/b MR.Ritesh K. Jain for the Applicant in CRA No.3 of 2022.

CORAM : RAJESH S. PATIL, J.

DATE :

8TH JANUARY , 2024.

P.C. :- 1.

This Interim Application filed by the original landlord, seeking deposit of arrears of rent.

2.

After the matter was argued for some time, on 1/3

instruction of the Applicants, advocate for the Applicants seeks liberty to withdraw this Interim Application. 3.

Liberty as prayer is granted. The Interim Application is accordingly disposed of.

WITH CIVIL REVISION APPLICATION NO.3 OF 2022 Ajmera Enterprises ...Applicant V/s.

Dilipkumar R. Patil & Anr.

...Respondents

1.

This Civil Revision Application filed by the tenant challenges the impugned judgment and order dated 30 September 2021 passed by the Appellate Bench of the Court of Small Causes, Mumbai.

2.

The Appellate Bench of the Court of Small Causes, Mumbai decreed the suit on the ground of non-user. There is no electricity in the suit premises from the year 2004, which is based on the document of the year 2007.

3.

Mr.Vyas, advocate appearing for the Respondent Nos.1 and 2 submits that even today, there is no electricity in the suit 2/3

premises. Mr.Bansal, advocate appearing for the Applicant submits that the suit premises is 3600 sq.ft on the first floor of the building at Jogeshwari, Mumbai. He submits that the suit premises is used is godown. Hence there is no need of electricity. He submits that the said premises is used as godown and there was no electricity in the suit premises and even today there is no electricity in the suit premises. He submits that there are no findings recorded in the suit impugned judgment and order on the issue of storage.

4.

Place the matter on board on 10 January 2024 under the caption of "Admission".

(RAJESH S. PATIL, J.) 3/3