Ravindra @ Arvind S/O Ganeshrao Dhoble v. Nitin S/O Deorao Choudhary

2024:BHC-NAG:8177 56.sa.170.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.170 OF 2024 Ravindra @ Arvind S/o Ganeshrao Dhoble .Vs. Nitin S/o Deorao Choudhary Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms M.M. Ghatode, Advocate for appellant.

Shri Narendra Jetha, Advocate for respondent. CORAM : SANJAY A. DESHMUKH, J.

DATED : 30/07/2024 1.

The learned advocate for the respondent pointed out Section 48 of the Maharashtra Rent Control Act, 1999. He submitted that Second Appeal cannot lie. The learned advocate for the appellant submits that if an appeal is not maintainable, it can be converted into the writ petition under Article 227 of the Constitution of India or writ can be filed freshly.

2.

Considering the above submission, the appellant is entitled to convert this appeal into the writ petition or may file fresh writ petition.

3.

In view of the matter as discussed above, the appellant is permitted to convert this appeal into the writ petition or may file fresh writ petition. The appeal therefore stands disposed of.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate