Shri. Shivaji Babaji Pawar v. Shri. Harbhajansingh Baxisingh Ajimal

2025:BHC-AS:25795 18 ia 2726 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2726 OF 2025 IN CIVIL REVISION APPLICATION NO.345 OF 2022 Shivaji Babaji Pawar ...

Applicant versus Harbhajansingh Baxisingh Ajimal and Ors.

...

Respondents WITH CIVIL REVISION APPLICATION NO.345 OF 2022 Mr. Kamalakar L. Koli for Applicant.

Mr. Harbhajansingh B. Ajimal Respondent No.1 present in person. CORAM: N.J.JAMADAR, J.

DATE :

26 JUNE 2025 P.C.

1.

Heard the learned Counsel for the Applicant and the Respondent No.1, who is present in person.

2.

The Applicant has preferred this application to implead the Deputy Collector (Enc/Rem), Malad, Mumbai, as a party Respondent to this Application to resolve the question as to whether the suit property is a slum. 3.

The Competent Authority was not a party in the proceedings initiated by the Respondents - Landlord for the eviction of the Applicant - Defendant. It is for the parties to establish the facts asserted and denied in the pleadings even with regard to the suit premises being a slum or not. The Competent Authority, therefore, cannot be impleaded as a party in the CRA. SSP 1/2

18 ia 2726 of 2025.doc 4.

Interim Application stands dismissed.

CRA NO.345 OF 2022 5.

The Respondent - landlord has furnished a statement which indicates that a sum of Rs.1,72,579.60 is due and payable towards the arrears of rent. 6.

The Applicant shall deposit the said amount of Rs.1,72,579.60 on or before 4 July 2025.

7.

Stand over to 7 July 2025.

8.

In the meanwhile, the Executing Court shall defer the proceedings beyond 7 July 2025.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 29/06/2025 15:17:39