Shri Shankarrao Chindhuji Bambal v. Gulabrao Laxmanrao Pohare

1502sa st.244.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal Stamp No.244 of 2014 (Shri Shankarrao Chindhuji Bambal v. Gulabrao Laxmanrao Pohare) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.M. Nafde, Advocate for Appellant.

Shri N.R. Saboo, Advocate for Respondent.

Coram : R.K. Deshpande, J.

Date : 15 th February, 2017 In a dispute between the landlord and tenant under the provisions of the Maharashtra Rent Control Act, 1999, the Trial Court dismissed the suit, and the lower Appellate Court has allowed the appeal, passing a decree for eviction and possession. Since the matter arises out of the provisions of the Maharashtra Rent Control Act, the second appeal is not maintainable. Hence, the second appeal is permitted to be withdrawn with liberty to file appropriate proceedings, as are permissible under the law.

The second appeal is dismissed as withdrawn. Consequently, Civil Application No.268 of 2016 for condonation of delay in fling the second appeal, does not survive. Judge.

Lanjewar