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Bombay High CourtIA/12609/2025allowed

Shri Krishnakumar K Ashar v. Mr. Archie John Varel Since Deceased Thr Its Mrs. Cynthia Milan Barboza

2026-03-11Hon'Ble Shri Justice Rajesh S. Patil3 pages

Diksha Rane 32 CRA 752 2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION 32 CRA/752/2014 WITH IA/383/2020 WITH IA/8669/2024 WITH CAC/318/2019 WITH IA/1277/2020 WITH IA/12609/2025 IN CRA/752/2014 [Civil] SHRI KRISHNAKUMAR K ASHAR VS MR ARCHIE JOHN VAREL AND OTHERS WITH IA/1279/2020 WITH CAC/130/2019 IN CRA/752/2014 MRS. VALERIE C. GODINHO AND ORS.

VS SHRI. KRSIHAKUMAR KARSANDAS ASHAR WITH IA/19237/2022 In CRA/752/2014 CLYDE ARCHIE VAREL VS SHRI KRISHNAKUMAR K ASHAR

Diksha Rane 32 CRA 752 2014.doc ------------ Adv. Kailas S. Dewal a/w. Adv. Yash Dewal i/b. Adv. Mohit Bhansali through VC for applicant.

Adv. Trushna Shah i/b. Adv. Akshay Pawar for respondentno.1/3. ------------ CORAM :

RAJESH S. PATIL, J.

DATE :

11 MARCH 2026.

P.C. :

1) Ms. Shah, learned counsel appearing for respondent no.1/3 is seeking a short accommodation in the present proceeding as arguing counsel is before the Bench of Aurangabad High Court. 2) Mr. Dewal, learned counsel appearing for the applicant - tenant submits that his client is now 50% owner of the suit premises pursuant to his agreement of sale dated 22/4/2016 with plaintiff no.2 (respondent no.2 herein). He submits that this is a commercial premises and he submits that the description of the suit premises is of the structures and also an open land. He submits that since the open land has been included in the description of the suit premises, the Rent Act Court would have no jurisdiction to entertain the suit. He submits that his client had filed S.L.P. before the Supreme Court which was disposed of by an order dated 9/2/2017. By the said order, the Apex Court had requested the High Court to dispose of the

Diksha Rane 32 CRA 752 2014.doc Civil Revision Application expeditiously, preferably within six months. He has no objection if an adjournment is granted. 3) This is a Supreme Court expedited matter, hence, stand over to 13/3/2026.

4) Matter to come up under the caption "Supreme Court expedited matter".

(Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 11/03/2026 20:07:17