Kedarnath Kharban Yadav vs. Prabhavati Wd/O. Narayan Laxman Parkar

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.735 OF 2014 Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr.Rajesh Dixit i/b M/s.V.R.Tripathi for the applicant CORAM : K.K.TATED, J. DATED : 23/06/2014 PC : . Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders. 2 By this Revision Application, appellant org.defendant challenges the order dt.28.04.2014 passed by Appellate Bench of Small Causes Court at Bombay in A1 Appeal No.222 of 2007. 3 Office note shows that Advocate Ramchandranarayan Jawal filed his Vakalatnama on behalf of the respondent. Hence, applicant is directed to serve respondent by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. 4 Matter to appear on board for admission on 9.7.2014. (K.K.TATED, J.)

Order - Status 7: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE SIDE JURISDICTION. CIVIL REVISION APPLICATION NO.735 OF 2014 Office Notes, Office Court's or Judge's orders Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Mr. V. R. Tripathi for the Applicant. Mr. Ramchandranarayan Jawal for the Respondent. CORAM : K. K. TATED, J. DATE : JUNE 25, 2014 P.C.: Mentioned. Not on board. At the request of learned counsel for the Appellant, the matter is taken on board. By consent of the parties, S.O. to 16th July 2014. The learned counsel for the Respondent makes a statement that till next date Respondent will not take any coercive action against the Appellant pursuant to the order passed by the Appellate Bench of the Small Causes Court in A1 Appeal No.222 of 2007. Same is accepted. S.O. to 16th July 2014. JUDGE

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM: MR. K.R. SHRIRAM, J DATED: JANUARY 20, 2015. P.C.: On account of paucity of time, the following matters on the daily board stand adjourned on the dates fixed as per CMIS: Sr. Nos. Assigned Dates 51, 52, 53, 57, 60, 61 04/02/2015 54, 55, 62, 64, 65 09/02/2015 56, 66, 67, 68 10/02/2015 2.If any ad-interim or interim relief granted in any of the above said matters, is operative till today, the same will continue to operate till the respective assigned dates. 3.If there is an extreme urgency, the parties can get the papers produced before the Court. (MR. K.R. SHRIRAM, J.)

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM: K.R. SHRIRAM, J. DATED: MARCH 03, 2015. P.C.: On account of paucity of time, the following matters on the daily board stand adjourned on the dates fixed as per CMIS: Sr. Nos. Assigned Dates 49,50,51,52,53,56,58,59 23/03/2015 60,61,62,63,64,65,66 24/03/2015 2.If any ad-interim or interim relief granted in any of the above said matters, is operative till today, the same will continue to operate till the respective assigned dates. 3.If there is an extreme urgency, the parties can get the papers produced before the Court. Original Common order kept in Sr No. 49) CAC 114/2015 ( K.R. SHRIRAM, J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMON ORDER CORAM: K.R. SHRIRAM, J. DATED: MARCH 03, 2015. P.C.: On account of paucity of time, the following matters on the daily board stand adjourned on the dates fixed as per CMIS: Sr. Nos. Assigned Dates 49,50,51,52,53,56,58,59 23/03/2015 60,61,62,63,64,65,66 24/03/2015 2.If any ad-interim or interim relief granted in any of the above said matters, is operative till today, the same will continue to operate till the respective assigned dates. 3.If there is an extreme urgency, the parties can get the papers produced before the Court. SD/ ( K.R. SHRIRAM, J.) Date :- 03/03/2015 (Original Common order kept in Sr No. 49) CAC 114/2015) For Regr(J.)

Order - Status 16: CIVIL REVN. APPLICATION NO. 735 OF 2014 Kedarnath Kharban Yadav & ors. … Applicants v/s Smt.Prabhavati wd/o Narayan Laxman Parkar & ors. … Respondents Mr.P.S. Dani, senior advocate i/by V.R.Tripathi for the applicants. Mr.P.G. Karande i/by R.N. Jawal for the respondents. CORAM: N. M. JAMDAR, J. DATED : 21ST APRIL, 2015 P.C.: Heard learned counsel for the parties. 2 Learned counsel for the applicants submitted that, even accepting the finding of fact recorded by the Courts below that there was creation of subtenancy in favour of the applicants in the year 1970, the applicants are entitled to the protection of the Act No.18 of 1987 i.e. Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1986. He relied on the decision in the case of (1) Lakhaichand Punamchand Marwadi & ors. v/s Thakurnath Datasaheb Tukaram Barse 1 , (2) Ismail Bhandubhai 1 1992 Bom.R.C. 173 Tamboli v/s Govind Gopalkrishna Bapat & ors . 2 (3) Sadanand Vaikunha Bhende v/s Dr.Gangadhar Subrao Koppikar & ors. 3 ; and (4) Krishnaji Ganesh Vaidya & anr. v/s Smt.Triveniben Anant Virkar Shete & ors . 4 , in support of his submission. 3 Learned counsel for the respondents submitted that the applicants have not taken the ground that they are entitled to the protection of the above mentioned position of law and therefore it cannot be accepted in absence of pleadings. He relied upon the decision of this Court in the case of Ganpati Narayan Nikam v/s Ramchandra Bhiku Savant & ors . 5 . However, this decision do not deal with the above mentioned enactment. 4 Arguable questions are raised for consideration. Rule. 5 Learned counsel for the applicants states that the applicants will not create third party rights in the property and they alone are in possession. 6 There shall be interim relief in terms of prayer clause ( c). ( N. M. JAMDAR, J. ) 2 1991 Bom.R.C. 415 3 1996 Bom.R.C. 209 4 2002(4) All.MR 757 5 2009(6) Mh.L.J. 948

Order - Status 18: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.735 OF 2014 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) : 24th February, 2025 DATE None Present. It appears from the office remark that Registrar (Judicial – II) vide order dated 10/02/2025 allowed Interim Application No.535/2025 and permitted the Appellant to bring on record the legal representatives of deceased Respondent No.3. The learned Advocate for the Appellant was directed to carry out amendment within two weeks and file amended copy of Petition. However, it appears that the learned Advocate for Appellant has neither carried out amendment nor filed amended copy of Civil Revision Application. In such circumstances, the learned Advocate for the Appellant is directed to bring on record the legal representatives of deceased Respondent No.3 by carrying out amendment as per order dated 10/02/2025 within two weeks and also file amended copy of Civil Revision Application. On failure, proceeding would stand abated against deceased Respondent No.3 – Smt.Priya Eknath Deolekar, without further reference to the Court of Registrar. sd/- Registrar (Judl. - II) dsm