Snehal Shailesh Borana v. Additional Divisional Commissioner Konkan Division Mumbai And ORS

912-wp5994-24.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by VASANT ANANDRAO IDHOL Date: 2024.04.25 15:50:58 +0530 VASANT ANANDRAO IDHOL WRIT PETITION NO.5994 OF 2024 Snehal S. Borana

...Petitioner

V/s.

Kiran K. Karanje & Anr.

...Respondents

Mr.Sahil Mahajan with Mr.Saurabh Godbole for the Petitioner. Mr.P.V. Nelson - Rajan for Respondent No.1.

CORAM : RAJESH S. PATIL, J.

DATE :

23RD APRIL , 2024.

P.C. :- 1.

The Petitioner is the tenant in an eviction application filed under Section 24 of the Maharashtra Rent Control Act. 2.

By the present Writ Petition, the Petitioner is challenging the order of eviction passed by the Competent, Authority and as confirmed by the Commissioner Konkan Division.

3.

Mr.Mahajan appearing for the Petitioner submits that 1/2

912-wp5994-24.doc there was a registered Agreement of Sale between the parties in respect of the suit premises. He submits that the entire consideration of the said Agreement of Sale has been paid by the Petitioner to Respondent Nos.3 and 4. He submits that the majority of the amount i.e. Rs.86,00,000/- has been paid by cheque.

4.

Issue notice to the Respondents, returnable on 19 June 2024. In the meanwhile, there will be ad-interim relief in terms of prayer clause (b) till the next date of hearing. 5.

Prayer clause (b) of the Writ Petition reads as under :- "(c).

Pending the hearing and final disposal of the Petition, this Hon'ble Court be pleased to issue a temporary order and injunction thereby stay the operation and implementation of Judgment and Order dated 02.11.2023 (Exhibit - D herein) passed by the Respondent No.2 in the Eviction Application No.224 of 2022."

(RAJESH S. PATIL, J.) 2/2