Smt Panbai Bhavanji Cheeda And ORS v. Ramesh Shivram Palav

Seema 5. CAC 755 of2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO 755 OF 2016 IN CIVIL REVISION APPLICATION NO. 669 OF 2016 Smt. Panbai Bhavanji Cheeda & Ors.

...Applicants

Versus

Ramesh Shivram Palav

...Respondent

---------- Mr G. S. Godbole I/b Shruti Tulpule - Advcoate for the applicants Z. S. Irani/Mair a/w P. V. Tikare - Advocate for the respondent. ---------- CORAM :

DAMA SESHADRI NAIDU, J.

DATE : 11th JULY 2019.

P.C. :

The landlord filed a suit for eviction on the grounds of bonafide requirement. It was dismissed. Aggrieved, the landlord filed a Statutory Appeal before the Appellate Bench of the Small Cause Court, which allowed it. The legal representatives of the sole tenant, who died pending the suit, filed this Revision Application, which already stands admitted.

2. The applicants have, now, come up with this Civil Application 755 of 2016, contending that the landlord should not part with the property pending with Civil Application, as it was decreed on the ground of bonafide requirement. 1/2

Seema 5. CAC 755 of2016.odt

3. I reckon, once a matter has been admitted and pending before the Court of law, the lis pendens doctrine applies. Therefore, this application does not require any specific order. Therefore, Civil Application stands rejected. [DAMA SESHADRI NAIDU, J.] 2/2