Mr. Sardar Mohammed Pathan v. M/S. Detinners Private Limited Thr.Its Mr. Mujahid Zaki

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 619 OF 2025 Sardar Mohammad Pathan .. Applicant

Versus

M/s. Detinners Private Limited .. Respondent ....................

 Mr. N.P. Bhavsar, Advocate for Applicant.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 23, 2025.

P.C.:

1.

Mentioned at the time of rising. Due to exigency mentioned by Mr. Bhavsar the following order is passed. He would submit that Trial Court has directed payment of costs to the Applicant in the Suit proceedings and hence he would persuade the Court to consider the Application of Applicant.

2.

Heard Mr. Bhavsar, learned Advocate for Applicant. 3.

Mr. Bhavsar would submit that Present Civil Revision Application is filed by Original Defendant whose Application under Order VII Rule 11 of the Code of Civil Procedure, 1908 is dismissed by virtue of the impugned order. The impugned order dated 16.04.2025 is appended at page No.63 of the Application. I have perused the same.

4.

According to Applicant / Defendant, he has come into possession of the suit premises since 1998 and is in long standing possession thereof to the knowledge of Plaintiff (Respondent) - Company. The learned Trial Court while dismissing the Application under Order VII Rule 11 did not find favour of the Defendant's case. Hence the challenge.

5.

In view of the above, issue notice to Respondent (Original Plaintiff). Humdast permitted.

6.

In addition to Court notice, Applicant is permitted to serve copy of Civil Revision Application and this order on Respondent and inform it about the next date of hearing by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next date.

7.

After receiving notice, Respondent is directed to take cognizance of this order and file its Affidavit-in-Reply on or before the next date, if so desired.

8.

In the meanwhile, there shall be stay of the proceedings before the Trial Court in view of the substantive challenge maintained by Defendant to the order dated 16.04.2025 passed in Application under Order VII Rule 11.

9.

Stand over to 6th January 2026.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.12.23 17:48:16 +0530 AJAY TRAMBAK UGALMUGALE