✦ Bombay High Court · 10 Dec 2008

Maheshkant Muljibhai Makawana & Ors. v. NONE

Case Details Bombay High Court · 10 Dec 2008
Court
Bombay High Court
Case No.
Civil Petition No. 5625 of 2008
Decided
10 Dec 2008
Length
1,190 words

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Original judgment text

....Petitioners. (Orig.Defendants) ....Respondent. (Orig.Plaintiff) Mr.Tejpal S.Indale for the Petitioners. Mr.M.R.Katikar for the Respondent. ANOOP V.MOHTA, J. CORAM : : : ANOOP V.MOHTA, J. CORAM ANOOP V.MOHTA, J. CORAM : 10th DECEMBER, 2008. DATED : 10th DECEMBER, 2008. DATED : 10th DECEMBER, 2008. DATED ( 2 ) JUDGMENT:- JUDGMENT:- JUDGMENT:- The Petitioner has challenged the impugned order dated 17/06/2008 passed by the District Judge-I, Ichalkaranji whereby allowing the Revision Application filed by the original plaintiff, quashed and set aside the order (partly rejected) passed by the learned Civil Judge, Junior Division, Ichalkaranji, thereby allowed the prayer of the Respondents to amend the plaint by holding that the Revision is tenable under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short,"the Bombay Rent Act").

2. I have already taken a view in Writ Petition No.5435 Writ Petition No.5435 Writ Petition No.5435 ofofof 2008 (Abeda Iqbal Karbhari alias Abeda Iqbal Patel 2008 (Abeda Iqbal Karbhari alias Abeda Iqbal Patel 2008 (Abeda Iqbal Karbhari alias Abeda Iqbal Patel Vs.Vs.Vs. Cormorant Investment Pvt. Ltd.) Cormorant Investment Pvt. Ltd.) decided on Cormorant Investment Pvt. Ltd.) 10/12/2008, that such Revision is maintainable by observing as under:- "19. It is pertinent to reproduce the observations of the Supreme Court in Gurdev Kaur & ors. v. Kaki & Gurdev Kaur & ors. v. Kaki & Gurdev Kaur & ors. v. Kaki &

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