Girish Gangadhar Agrawal vs Jiteshkumar Hasmukha Vakahariya on 24 August, 2017

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Bombay High Court

Girish Gangadhar Agrawal vs Jiteshkumar Hasmukha Vakahariya on 24 August, 2017

Bench: B. P. Dharmadhikari

Judgment                                                                  lpa426.09
                                      1



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR.



                     LETTERS PATENT APPEAL NO. 426/2009
                       IN WRIT PETITION No. 2626/2007.


      Girish Gangadhar Agrawal,
      Aged about 61 years, Businessman,
      resident of Maratha Nagar,  Near
      Jalaram High School, at Post Tq. 
      and District Akola.                                   ....APPELLANT.


                                   VERSUS


      Jiteshkumar Hasmukh Wakharia,
      Aged about 47 years, Occupation 
      Businessman, resident of Mangaldas
      Market, Tilak Road, Akola,
      Tq. and District Akola.                       ....     RESPONDENT . 




                        ----------------------------------- 
               Mr. S.A. Mohta, Advocate for the Appellant.
      Mr. Anand Kotange, Advocate for Shri M.G. Sarda, Advocate for 
                                  Respondent.
                        ------------------------------------


                                 CORAM  :  B. P.  DHARMADHIKARI
                                               &   ARUN D.UPADHYE, JJ. 
                                 DATE      :  AUGUST 24, 2017.




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 Judgment                                                                              lpa426.09
                                               2




ORAL JUDGMENT.   (Per B.P. Dharmadhikari, J)

Heard Shri S.A. Mohta, learned Counsel for the appellant/petitioner and Shri A. Kotange, learned Counsel holding for Shri M.G. Sarda, learned Counsel for the respondent.

2. The appellant before this Court is a tenant, who has suffered an adverse decree at the hands of Civil Judge, Junior Division, Akola in Regular Civil Suit No. 374/2001 on 02.08.2004. As eviction has been ordered under Section 15 of the Maharashtra Rent Control Act, 1999, he questioned that judgment and decree unsuccessfully in Regular Civil appeal No.129/2004. The First Adhoc Additional District Judge, Akola has dismissed that appeal on 24.07.2007.

3. Writ Petition No. 2626/2007 filed against it has also been dismissed by the learned Single Judge on 21.08.2009.

4. Thus, the dispute is essentially a private dispute between landlord and tenant, arising out of proceedings before Civil Court, hence, following the judgment of the Hon'ble Supreme Court reported at (2017) ::: Uploaded on - 29/08/2017 ::: Downloaded on - 30/08/2017 01:03:38 ::: Judgment lpa426.09 3 5 SCC 533 (Ram Kishan Fauji .vrs. State of Haryana and others), we find that the Letters Patent Appeal is not maintainable. According we dispose of the same. Rule discharged. No costs.

                          JUDGE                            JUDGE

Rgd.




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