RAM SHANKAR SINHA vs RITESH V. PATEL AND ANR

Judgment text excerpt

52- WP-3767-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIIVL WRIT PETITION NO.3767 OF 2025 IN CIVIL REVISION APPLICATION NO.747 OF 2024 Ram Shankar Sinha …Petitioner Versus Ritesh V. Patel & Anr. …Respondents _______________________________________________________________ Mr. Alizain Patel, for the Petitioner. Mr. Nilesh L. Makwana a/w Lajri H. Panchal, for the Respondents. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 5th MAY 2025 JUDGMENT: 1. Heard Mr. Patel, learned Counsel appearing for the Petitioner and Mr. Makwana, learned Counsel appearing for the Respondents. 2. By the present Civil Writ Petition filed under Article 227 of the Constitution of India challenge is to the legality and validity of the order dated 14th February 2025 passed by Additional Divisional Commissioner, Konkan Division, Mumbai in Revision Application No.747/2024. By the impugned order of the Additional Divisional Commissioner, order dated 9th August 2024 passed by the Competent Authority, Rent Control Act Court, Konkan Division, Mumbai in Eviction Application No.247 of 2023 is set aside and the said Eviction Application is remanded back to the Competent Authority for trial and directing that order be passed after leading evidence by both the parties. 3. The Competent Authority by order dated 9 th August 2024 rejected Vaibhav Page No. 1 52- WP-3767-2025.doc Application bearing Exhibit-11 filed in Eviction Application No.247 of 2023 seeking leave to defend filed by the Respondent and also Application bearing Exhibit-12 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”) for rejection of the Eviction Application. Consequently the Competent Authority passed eviction order on 9 th August 2024