M/S Om Shanti Commercial Premises Cooperative Society Ltd. v. M/S Arcade (India) Pvt. Ltd

osk 28-cra-80-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 80 OF 2016 M/s.Om Shanti Commercial Premises Cooperative Society Ltd.

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Applicant V/s.

M/s.Arcade (India) Pvt. Ltd.

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Respondent • None for the Applicant.

• Mr.Puthenpurail Oommen Varghese for the Respondent. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 19th MARCH, 2018.

P.C. :

1] None present for the Revisional Applicant.

2] Learned counsel for the Respondent-Decree Holder is present before the Court and submits that this Civil Revision Application is filed against the order passed below the Application at Exhibit-136 by the Joint Civil Judge Senior Division, Thane, on 29th October 2015 in Special Darkhast No.104 of 2010. 3] It is submitted that the Application at Exhibit-136 was filed by the present Applicant herein under Section 47 of the Code of Civil Procedure. After the rejection of the said application, the execution 1/2

osk 28-cra-80-2016.odt proceedings are completed and the Respondent-Decree Holder has received possession of the suit property on 20th June 2017. 4] In view thereof, in the absence of learned counsel for Revisional Applicant and considering that already the possession of the property is also received by the Respondent-Decree Holder, this Civil Revision Application has become infructuous and hence, stands dismissed for default.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2