VIJAYA ARUN BERI vs VIJAY WAMAN BHAT

Judgment text excerpt

901 WP-473-2003 J C2.doc Digitally IN THE HIGH COURT OF JUDICATURE AT BOMBAY signed by HUSENBASHA HUSENBASHA RAHAMAN CIVIL APPELLATE JURISDICTION RAHAMAN NADAF NADAF Date: 2025.11.13 11:03:50 +0530 WRIT PETITION NO. 473 OF 2003 Sou. Vijaya Arun Beri Adult, Indian Inhabitant, Occupation : Retired, residing at 4/11, Goregaonkar Building, Goregaonkar Lane, Near Central Cinema, Girgaum, Mumbai 400004. ...Petitioner/ Ori. Defendant Versus Shri. Vijay Waman Bhat (since deceased) through LRs. 1. Amit Vijay Bhat, of Pune Indian Inhabitant, residing at Flat No. F-202, L-Axis Spine Road, Near Spine City Mall, Sector 6, Mushi, Pune 412105. 2. Rupali Anand Pathak nee Rupali Vijay Bhat, of Pune, residing at Flat No. K1/11, Army Welfare Society, Salunke Vihar, Pune City SRPF, ...Respondents/ Pune – 411022. L.R.s of Ori. Plaintiff **** Mr. Atul Damle, Senior Advocate a/w Mr. Madhusoodan Nayar, Ms. Priti Shukla i/b Mr. Shishir Joshi for the Petitioner. Mr. Aseem Naphade a/w Ms. Deepanjali Mishra and Mr. Sameer Tiwari i/b Mr. Amit Karle for Respondent Nos. 1 and 2. **** CORAM : M.M. SATHAYE, J. RESERVED ON : 4th NOVEMBER, 2025 PRONOUNCED ON : 12th NOVEMBER 2025 JUDGMENT : 1. By this petition filed under Article 227 of the Constitution of India, the Petitioner/Tenant is challenging the Judgment and Decree Husen 1/19 901 WP-473-2003 J C2.doc dated 17.12.2002 passed by 11th Additional District Judge, Pune in Civil Appeal No. 1062 of 1996, by which the appeal filed by Respondent/Landlord was allowed, thereby passing decree of eviction against the Petitioner. The Appeal-Court set aside the Judgment and Decree dated 22.07.1996 passed by the Civil Judge, Junior Division, Vadgaon (Maval) in Regular Civil Suit No. 122 of 1994. 2. The dispute is arising out of provisions of the Bombay Rents, Hote