Nasiruddin Bashiruddin Mattikop v. Mohammedan Education Society Kolhapur Thr. Administrator

38-WP-8925-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8925 OF 2023 Nasiruddin Bashiruddin Mattikop ... Petitioner V/s.

Digitally signed by SHARADA RANGNATH WAHULE Date:

2023.09.28 14:01:10 +0530 The Mohammedan Education Society Kolhapur ... Respondent SHARADA RANGNATH WAHULE ___________________________________ Mr. Sandeep Koregave, Advocate for the Petitioner in all 3 matters. Mr. Shantanu S. Kelekar, Advocate for the Respondent. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 26 SEPTEMBER, 2023 P.C.:

1.

After the matter is argued for some time. The counsel for the parties on instruction agreed that the impugned judgment and order dated 18 May 2023 passed in Regular Civil Appeal No.2 of 2020 on Exhibit-27 to be quashed and set aside. Accordingly, the impugned Judgment and Order dated 18 May 2023, is quashed and set aside.

2.

The matter is remanded back to the, District Judge Kolhapur, to hear the parties on Exhibit-27, after granting liberty to the parties to produce on record documents to justify their plea of market rent payable in the subject area where the suit premises is situated.

Sharada

38-WP-8925-2023.doc 3.

The parties are allowed a period of two weeks to file such documents. The learned Judge should thereafter, hear and decide the Application within a period of four weeks. 4.

Accordingly, this Writ Petition is disposed of, as partly allowed.

(RAJESH S. PATIL, J.) Sharada