Som Bahadur Lama v. Pushpa Ravinder Wadhwani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12773 OF 2025 Som Bahadur Lama

...Petitioner

Versus

Pushpa Ravinder Wadhwani

...Respondent

Mr. P. K. Dhakephalkar, Senior Advocate (through Video Conferencing) i/b. Mr. Jaydeep Deo, for the Petitioner. Mr. Atul Damle, Senior Advocate a/w. Mr. Darshan R. Mehta, Mr. Kush M. Shah, Ms. Megha Sanghavi and Ms. Vidhi Gala i/b. Dhruve Liladhar & Co., for the Respondent.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

8th OCTOBER 2025 PC:- 1.

Heard Mr. Dhakephalkar, learned Senior Counsel appearing for the Petitioner and Mr. Damle, learned Senior Counsel appearing for the Respondent.

2.

Both the learned Senior Counsel state that the Writ Petition can be disposed of by passing the order by consent. 3.

Mr. Damle, learned Senior Counsel, on instructions, states that the impugned order of the learned Appellate Court be quashed and set aside by consent, however, as the Respondent is

senior citizen aged 75 years and the suit is filed inter alia on the ground of bona fide requirement before the learned Small Causes Court, Mumbai under the Maharashtra Rent Control Act, 1999, the hearing of the subject suit and companion suit bearing R.A.E. Suit No.708 of 2025 be expedited. Mr. Dhakephalkar, learned Senior Counsel submit that the Petitioner has no objection for the same. 4.

Accordingly, by consent of the parties, the following order is passed:

ORDER

(a) The impugned Order dated 11th September 2025 passed by the learned Appellate Bench of the Small Causes Court at Mumbai in Miscellaneous Appeal No.39 of 2025 and Miscellaneous Appeal No.55 of 2025 is quashed and set aside by consent.

(b) Resultantly, the order dated 13th March 2025 passed by the learned Judge, Small Causes Court, Mumbai below Exhibit-10 in R.A.E. Suit No.1306 of 2024

stands restored, which will operate during the pendency of the suit.

(c) As both the parties are senior citizens and particularly, the Respondent is senior citizen aged 75 years and the suit is filed inter alia on the ground of bona fide requirement under the provisions of the Maharashtra Rent Control Act, 1999, the learned Judge, Small Causes Court, Mumbai is requested to decide the said R.A.E. Suit No.1306 of 2024 along with R.A.E. Suit No.708 of 2025 expeditiously on or before 30th April 2027.

(d) Both the parties to co-operate with the learned Trial Court for the disposal of the suits expeditiously. 5.

Accordingly, the Writ Petition is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.10.09 19:13:46 +0530 SONALI MILIND PATIL