Syed Mukram Shaha Syed Mujafar Shaha. v. Sardar Guru Charansing.

2025:BHC-AUG:9839 935-sa-27-1996.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 935 SECOND APPEAL NO. 27 OF 1996 Syed Mukram Shaha Syed Mujafar Shaha.

VERSUS

Sardar Guru Charansing.

...

Mr. Jayant Shah i/b. Mr. A. S. Bajaj, Advocate for Appellant Mr.Karan V. Sarosiya h/f. Mr. P. F. Patni, Advocate for Respondent/sole ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

2ND APRIL, 2025 P.C.:

1.

The present appeal takes an exception to judgment and order passed under Section 25 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. Section 25(4) of the said Act provides that an order passed by appellate authority shall be final and shall not be liable to be called in question in any Court of law whether by way of a suit or other proceedings or by way of appeal, subject only to a decision under Section 26 of the said Act. Section 26 of the said Act provides for a revision to be filed against an order passed by original and appellate authority.

2.

In that view of the matter, the present Second Appeal is not maintainable and is liable to be dismissed. As such the appeal is dismissed as not maintainable, however, with a liberty to the appellant

935-sa-27-1996.odt to avail such remedy as is available in law to challenge the order impugned.

3.

Second appeal is accordingly dismissed with no order as to costs. [ROHIT W. JOSHI J.] Narwade/