KIRITKUMAR NARSHIBHAI BHATIA Vs. JAYABEN NATHUGAR GUSAI

JUDGEMENT

(1.) RULE. Learned counsel, Mr.C.H. Vora appears and waives service of notice of rule on behalf of the respondents. The present Civil Revision Application is taken up for final hearing with the consent of the parties.

(2.) THE present Civil Revision Application has been filed under Section 29 of the Bombay Rent Act, wherein the applicants have prayed that Judgment & Order dated 11.10.2010 passed by the Learned Additional District Judge, (Fast Track Court), Bhuj-Kutch in Civil Regular Appeal No.75 of 1997 and the Judgment & Decree dated 15.03.1997 passed by the Learned 1st Joint Civil Judge (JD), Bhuj-Kutch in Regular Civil Suit No.607 of 1986 may be quashed and set aside on the grounds set out in the application.

(3.) LEARNED counsel, Mr.Vora has also referred to and relied upon the judgment reported in AIR 2011 SC 559 in case of Malyalam Plantations Ltd., V/s State of Kerala & Anr. and submitted that the Hon'ble Apex Court has also observed that in such cases, proper course would be to remand the matter back and the same course may be adopted.