Dr. N. Sudhirkumar Alias Dr. Sudhirkumar And ORS v. Shri Madhusudan Hiralal Malu And ANR

911-AOST35715-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST NO. 35715 OF 2016 WITH CIVIL APPLICATION ST NO. 35716 OF 2016 AND CIVIL APPLICATION ST NO. 4990 OF 2017 N Sudhirkumar alias Dr Sudhirkumar & Ors ...Appellants

Versus

Madhusudan Hiralal Malu & Anr

...Respondents

Mr Siddharth Ronghe, for the Appellants.

Mr Vishwajit P Sawant, with Nikhil Patil & Prabhakar M Jadhav, for the Respondents.

CORAM: G.S. PATEL, J DATED:

27th July 2017 PC:- 1.

The appeal is infructuous. The question of whether or not on a finding that there was a landlord-tenant relationship, the City Civil Court ought to have returned the plaint for presentation to the proper Court or rejected the suit or dismissed it is kept open for an appropriate case.

27th July 2017

911-AOST35715-16.DOC 2.

The plaint has been presented in the Court of Small Causes and the defendants (appellants herein) have filed their written statement.

3.

One thing to be noted is that while the plaint was to be represented, apparently so too was the written statement. This is confirmed because the appellants agree that paragraph 3 of the written statement is inadvertently carried forward from the pleadings in the City Civil Court. This is clear because the challenge in paragraph 3 is to the jurisdiction of the Civil Court. It is agreed that paragraph 3 of the written statement will need to be deleted. The defendants will make necessary application before the learned Judge of the Court of Small Causes for amendment to the written statement.

4.

The appeal is disposed of in these terms. There will be no order as to costs.

5.

Both the civil applications do not survive and are disposed of as infructuous.

(G. S. PATEL, J) 27th July 2017