Madanlal Shantilal Khivsara v. Santosh Vishvnath Shimpi

2025:BHC-AUG:20493 996-wp-9026-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9026 OF 2024 Madanlal Shantilal Khivsara

VERSUS

Santosh Vishvnath Shimpi ...

Mr. G. D. Jain, Advocate for the Petitioner (Appointed through Legal Aid) Mr. V. D. Khivesera, Advocate for Respondent .....

CORAM : ROHIT W. JOSHI, J.

DATED : 23RD JULY, 2025 PER COURT :- .

The present petition takes exception to order dated 03.05.2023, passed by the learned Joint Civil Judge, Junior Division, Nandurbar on application at Exhibit 52 in Regular Civil Suit No.88 of 2018. This is an application filed by the defendant/tenant praying that the plaintiff/landlord be directed to carry out repairs in the suit house or permission be granted to the defendant to repair the same.

2.

The learned Trial Court has adverted to the material on record and has expressed that the roof of the premise is completely damaged and that it is beyond repair. The learned Trial Court has given cogent reasons for rejecting the

996-wp-9026-2024 application. The impugned order does not warrant any interference.

3.

It is seen that a suit for eviction filed under the Maharashtra Rent Control Act, is pending since the year 2018. In view of the above, the learned Trial Court is directed to expedite the suit and decide the same at the earliest and in any case before 31.03.2026.

4.

Fees of Mr. G. D. Jain, learned Advocate appointed to represent the cause of petitioner be paid through High Court Legal Services Sub Committee, Aurangabad, as per schedule. 5.

Writ Petition is disposed of.

6.

Civil Application, if any, stands disposed of. ( ROHIT W. JOSHI, J. ) Rushikesh/2025