Vivek Trimbakrao Paturkar Through Proprietor Yuvraj Shrikrishnarao Paturkar v. Sulochanabai Gangadharrao Wattamwar Through Ower Of Attorney Holder Vivek Gangadharrao Wattamwar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 SECOND APPEAL NO.447 OF 2021 WITH CA/11498/2021 IN SA/447/2021 VIVEK TRIMBAKRAO PATURKAR THROUGH PROPRIETOR YUVRAJ SHRIKRISHNARAO PATURKAR

VERSUS

SULOCHANABAI GANGADHARRAO WATTAMWAR THROUGH OWER OF ATTORNEY HOLDER VIVEK GANGADHARRAO WATTAMWAR ...

Advocate for Appellant : Mr. Deshpande Milind K. Advocate for Respondent : Mr. A. S. Kulkarni ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 21-10-2021.

ORDER :

1.

Learned Advocate appearing for the respondent takes preliminary objection regarding the maintainability of the second appeal contending that the suit was under the Maharashtra Rent Control Act for eviction. It was dismissed. The First Appellate Court allowed the same and directed the defendant to vacate the suit premises.

2.

Under such circumstances, the second appeal is not maintainable in view of the fact that the Maharashtra Rent Control Act is Code by itself.

3.

Learned Advocate for the appellant admits the position of Law and, therefore, he seeks to withdraw the second appeal with leave to

SA 447-2021 file appropriate proceedings.

4.

Under such circumstances, the second appeal is allowed to be withdrawn.

5.

Liberty is granted as prayed if it is befitting the legal provisions and especially limitation.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-