MRS. VAISHALI ABHIMANYU JOSHI Vs. MR. NANASAHEB GOPAL JOSHI
HIGH COURT OF BOMBAY
Mrs. Vaishali Abhimanyu Joshi
Mr. Nanasaheb Gopal Joshi
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(1.) Heard Mr. S.S. Kulkarni, learned Counsel for the petitioner and Mr. Jaydeep Deo, learned Counsel for respodent No.1, at length.
(2.) By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 5.11.2014 passed by the learned 5th Additional Judge, Small Causes Court, Pune below Exhibit 1 in Civil Suit No.77/2013 as also the judgment and order dated 17.12.2015 passed by the learned District Judge-21, Pune in Civil Revision No.17/2015. By order dated 5.11.2014, the learned trial Judge held that the counter claim set up by the petitioner, hereinafter referred to as 'defendant', and the relief claimed therein are ousted by the Court of Small Causes on the ground of jurisdiction vide Section 9A of Code of Civil Procedure, 1908 (for short, 'C.P.C.'). Aggrieved by that decision, the defendant preferred Revision Application before the District Court under Section 34 of the Maharashtra Rent Control Act, 1999 (for short, 'Maharashtra Rent Act'). By order dated 17.12.2015, the learned District Judge dismissed the Revision Application on the ground of maintainability. It is against these orders, the original defendant has instituted present Writ Petition.
(3.) The respondent, hereinafter referred to as the 'plaintiff', has instituted the suit against the defendant in Small Causes Court, Pune seeking mandatory injunction directing the defendant to stop the use and occupation of flat No.4 on the 1st Floor in a building constructed at sub-plots No.1 and 2 out of layout of S.No.45, Hissa No.3A+5C+2A/1A/1 (corresponding CTS No.323) situate at Erandvana, Pune (for short, 'suit flat') admeasuring about 700 sq. ft. within the municipal limits of Pune Municipal Corporation. The plaintiff has also sought perpetual injunction against the defendant from using/occupying the suit flat as also obstructing the plaintiff as also his family members to possess, use and occupy the suit flat.;
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