SUKHLAL KALU THORAT Vs. RAMKRISHNA HARI WANI
LAWS(BOM)-2017-7-7
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on July 04,2017

Sukhlal Kalu Thorat Appellant
VERSUS
Ramkrishna Hari Wani Respondents

JUDGEMENT

RAVINDRA V.GHUGE,J. - (1.) By this petition, the petitioner seeks to challenge the judgment dated 28/10/1988 passed by the 5th Joint Civil Judge, J.D. Jalgaon in Regular Civil Suit No.530/1985 by which the original defendant was held guilty of causing nuisance and annoyance u/s 13(1)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the 1947 Act) and was directed to vacate the possession of the tenanted portion. The petitioner is further aggrieved by the judgment of the Additional District Judge, Jalgaon dated 20/06/1996 delivered in Civil Appeal No.322/1988, filed by the defendant, confirming the order of the Trial Court.
(2.) The petitioner/original defendant and the respondent/original plaintiff having passed away, are represented by their LR's.
(3.) Prayer clause 10(A) set out in the petition reads as under :- "That, the record and proceedings of the judgment and order dated 28/10/1988 and 17/01/1998 passed by Vth Joint Civil Judge, J.D. Jalgaon in Regular Civil Suit No.530/1985 as confirmed by the judgment and decree, dated 20.6.1996 passed by Additional District Judge, Jalgaon in Civil Appeal No.322/88, be called for and after examining the legality, validity and propriety thereof, both the judgments and orders as mentioned above and annexed to the present writ petition at Exhs. A and B hereto be quashed and set aside, and the Regular Civil Suit No.530/85 filed by respondent-plaintiff for possession be dismissed with costs;" ;


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