Late Shri Prafulchandra Mayaram Mehta, Thr. His Son, Chandrashekhar Prafulchandra Mehta v. Late Shri Krushnarao Ramchandra Ghormade, Thr. His Son, Tejrao S/O Krushnarao Ghormade And ORS

1 wp 1687.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 1687 of 2025 [Late Shri Prafulchandra Mayaram Mehta through his Son Chandrashekhar P. Mehta ..vs.. Late Shri Krushnarao Ramchandra Ghormade, through his son Shri Tejrao K. Ghormade and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M. D. Samel, Advocate for the petitioner CORAM : ANIL L. PANSARE J.

DATED : 27-03-2025 Heard.

The challenge is to order dated 22-8-2023 passed by competent authority under Rent Control Act Court, Nagpur. During the course of argument, one of the questions that cropped up is whether the proceedings before the Rent Controller were closed subsequent to appeal having been decided in the year 2015. The averment to that effect finds place in paragraph no. 2 of the reply filed by the petitioners to the application seeking to bring on record, the legal representatives of original parties.

The application filed by the respondents to bring on record the legal representatives of the original parties before the Rent Controller indicates that the proceedings before the Rent Controller were not traceable and it was only upon filing application under the Right to Information Act by the respondents, the case was fixed for hearing on 21-11-2022. It further appears that names of legal representatives of both the parties were brought on record in an appeal filed against judgment passed by the Rent Controller. The judgment was set aside and the case remanded back, meaning thereby, that the rent control case was restored to the file of the Rent Controller.

2 wp 1687.2025.odt The question, therefore, is whether subsequent to the case having been remanded back, was the case closed and filed. As stated earlier, the petitioner made an averment in the reply filed to application to bring on record legal representatives of the parties that the case was closed and filed. The order impugned and/or application filed for bringing legal representatives on record, however, does not indicate that the proceedings before the Rent Controller were closed. The petitioner shall, therefore, place on record the copy of order by which Rent Control Case No. 30/A-71(1)/1989-90 (old) and Case No. 36/A-71(1)/2022 (new) was closed and filed.

List in the week commencing from 14-4-2025.

(Anil L. Pansare, J.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 27/03/2025 18:57:01