All Criminal Appeal (DC)

Order - Status 5: (CRA 473 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.473 OF 2011 Smt.Champabai Maruti Garud since deceased through LRs. Daulatrao Maruti Garud ...Applicant Vs. Dilip Gorakhanath Dalvi ...Respondent ----- Mr.Rajesh More for Applicant ----- CORAM: V.M. KANADE J. DATED: 21st June, 2011 P.C. Issue notice before admission, returnable on 25th July, 2011. In the meantime, there shall be ad-interim relief in terms of prayer clause (c). Humdust permitted, private service permitted. (V.M. KANADE J.) 1

Order - Status 14: dik FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.473 OF 2011 Office Notes, Office Court's or Judge's orders Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Shri.Rajesh More, Advocate for Applicants. Shri.V.G.Peshave, for respondent. CORAM : A.S.OKA, J. DATE : 6th JANUARY, 2012. P.C. Heard learned counsel appearing for the parties. When this Court was inclined to issue Rule, learned counsel appearing for the respondent seeks time to take instructions on the issue whether the respondent is willing to produce witness Ramkrishna Darekar for crossexamination before Trial Court. Stand over till 25.1.2012. Adinterim relief granted earlier to continue till further order. [ A.S.OKA, J ]

Order - Status 16: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's Court's or Judge's orders orders or directions and Registrar's orders Mr. Rajesh More for the Applicants Mr. V.G. Peshave for the Respondent. CORAM : A.S.OKA, J. DATE : 25th January, 2012. P.C. Heard the learned counsel appearing for the applicants and the learned counsel appearing for the respondent. The order dated 6th January, 2012 needs clarification. It must be clarified that after hearing the learned counsel appearing for the parties, when this Court was inclined to issue Rule, this Court made a query as to whether the respondent was willing to produce the witness Ramkrishna Darekar for crossexamination. That is the reason why the learned counsel appearing for the respondent sought time to take instructions. To that extent, the earlier order stands clarified. The learned counsel appearing for the respondent states that the respondent has not given any instructions on the aforesaid aspect. Rule. Advocate for respondent waives service. Rule on interim relief is made returnable on 29th February, 2012. As a condition for grant of stay, the applicants will have to deposit a reasonable amount by way of compensation from the date of the decree passed by the Trial Court. The determination of the said amount shall be made at the time of hearing as to interim relief. There will be adinterim stay of decree for possession. [ A.S.OKA, J ]

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1 CIVIL REVISION APPLICATION NO. 473 OF 2011 Office Notes, Office Court's Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr. Rajendra More for the Applicants. Mr. V.G. Peshave for respondent. CORAM : K.K.TATED,J. DATE : 14/03/2012. PC: 1 Heard the learned counsel for the parties. 2 In this Revision Application this court (Coram: A.S. Oka, J.) granted rule on 25th January, 2012. Today the matter is on board for confirmation of the stay and for determining the compensation payable by the Applicant - tenant to the Respondent – landlord. By consent the following order is passed: a) The Applicant undertakes to pay a sum of Rs.500/- by way of monthly compensation to the Respondent – landlord from 1st April, 2006 till the hearing and final disposal of the present Civil Revision Application. b) The Applicant undertakes to clear the arrears till March, 2012 within eight weeks from today. c) The Applicant also undertakes to pay monthly compensation of succeeding months on or before 10th day of each month to the Respondent – landlord. d) The Applicant to deposit arrears as well as subsequent compensation in the Small Causes Court at Pune. e) The Respondent is granted liberty to withdrawal of the said amount. f) Pending hearing and final disposal of the present Civil Revision Application interim relief in terms of prayer clause (c) which reads thus: "(c) Pending hearing and final disposal of this Civil Revision Application, this Hon'ble Court be pleased to stay the operation and implementation of the impugned judgment and decree dated 23/3/2011 passed by the learned District Judge No.9 at Pune in Civil Appeal No. 404 of 2006 and the judgment and decree dated 28/3/2006 passed by the learned Judge of Addl. Small Causes Court at Pune in Civil Suit No.272 of 2002." (K.K.TATED, J.) katkam

Order - Status 21: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO.473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 27/10/2016 None present Three weeks time (excluding Diwali Vacation) is granted to carry out amendment. sd/ REGISTRAR (JUDLII)

Order - Status 22: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 06/12/2016 None present Three weeks time granted to carry out amendment. sd/ REGISTRAR (JUDLII)

Order - Status 23: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 10/01/2017 None present Amendment is not carried out. Matter to proceed to next stage. sd/ REGISTRAR (JUDLII)

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 473 OF 2011 Smt. Champabai Maruti Garud (since deceased), CIVIL REVISION APPLICATION NO. 473 OF 2011 ••• Applicants. Smt. Champabai Maruti Garud (since deceased), through Shri Daulatrao Maruti Garud and Ors. … Applicants. ——— Mr. Soham Powar i/by Mr.Rajesh More, Advocate for the Applicants. ——— CORAM : SHARMILA U. DESHMUKH, J. DATE : DECEMBER 20, 2023. P. C.: Learned counsel appearing for the Applicants on instructions submits that the matter has been settled between the parties and seeks permission to withdraw the Petition. Petition is disposed of as withdrawn. (Sharmila U. Deshmukh, J.)

Order - Status 11: ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 536 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Mr. R.M.Haridas for the Applicant. Mr. N.P.Dalvi for the Respondent. CORAM : A.S.OKA, J. DATE : 12th December, 2011. P.C. . The learned counsel appearing for the Applicant seeks permission to withdraw the revision application. Hence, the revision application is dismissed as withdrawn. [ A.S.OKA, J ]

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