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Bombay High CourtCA/11949/2014rejected at admission stage

Jalansing Kisansing Pardeshi v. Gopalrao Govindrao Shinde, L.Rs. Harnabai And Others

2015-04-20Hon'Ble Shri Justice Nitin W. Sambre2 pages

-:(1):- 11949 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 11949 OF 2014 IN WP/1742/1992 JALANSING KISANSING PARDESHI

VERSUS

GOPALRAO GOVINDRAO SHINDE, L.RS. HARNABAI AND OTHERS ...

Advocate for Applicant : Mr. Bedre Vinayak Sudhakar Advocate for Respondent Nos.1A to 1E: mr. V. S. Badakh, Advocate h/f Mrs. C. S. Deshmukh.

*** CORAM: N. W. SAMBRE, J.

DATED: 20th APRIL, 2015.

PER COURT:

1.

The present application is filed by the landlord questioning the legality and validity of the order passed by the District Judge, Ahmednagar in Regular Civil Appeal No.411 of 1988.

2.

Shri Bedre, learned counsel for the Applicant-tenant has prayed for amendment on the ground that the landlord has acquired alternate accommodation and according to him the claim for bonafide need no more

-:(2):- 11949 survives. He would urge that these developments goes to the root of the matter. The amendment needs to be granted.

3.

The law on the above referred aspect is well settled as the request for determination of the tenancy is required to be considered as on the date of filing of the plaint/ issuance of notice. In my view, therefore, the amendment does not deserve any consideration and stands rejected.

[N. W. SAMBRE, J.] Dt.20/04/2015 ans/11949