Kamini Wd/O Vishal Pure v. Rajesh S/O Manoharlal Vaid

1 wp 273.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.273/2024 Smt. Kamini V Rajendra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.S. Sitani, Adv. for petitioner.

Mr. P. M. Jain, Adv for respondent.

CORAM : R.M. Joshi , J.

DATE : 25-06-2025.

Learned Counsel for the petitioner submits that it was argued before the trial Court about the dismissal of the appeal filed by the respondent-tenant filed against the order of fixation of the standard rent by the competent authority. It is his submission in site of pointing out the said fact the Court has failed to take cognizance of the same and proceeded to pass order on 30-10-2023.

2.

Learned Counsel for the respondents has submitted that the said appeal was dismissed in default on 03-04-2023. However application for Restoration has been filed on 03-05-2023.

3.

Suffice it to say that the fact of dismissal of appeal was not considered by the trial Court while passing of the order

2 wp 273.24.odt impugned. In view of this, order impugned is set aside. Exhibit-16 is relegated back to the trial Court for decision afresh. (R.M. Joshi , J.

) Deshmukh