Shyamlal S/O Satyanarayan Sahu v. Vasantlal S/O Jamnadas Surti And 2 ORS

2108wp1297.09.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1297 of 2009 (Shyamlal s/o Satyanarayan Sahu v. Vasantlal s/o Jamnadas Surti and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order None for Petitioner and Respondent No.1.

Ms Jaishri Junghare, Advocate, holding for Shri M. Anilkumar, Advocate for Respondent No.2.

Coram : R.K. Deshpande, J.

Date : 21 st August, 2015 None appears for the petitioner.

This petition challenges the decree passed by the Trial Court for eviction, possession and arrears of rent on 10-11-2008 in Regular Civil Suit No.73 of 2008. There is a statutory remedy of filing an appeal under Section 34 of the Maharashtra Rent Act, 1999, which has not been availed of within a period of limitation. The petition was filed on 13-3-2009.

In view of the existence of alternate remedy of statutory appeal, the petition is dismissed.

Judge.

Lanjewar