MILIND RAJKUMAR WAGHOLIKAR (SHAH) vs SHANKAR RAMCHANDRA KIRVE and ORS.

Judgment text excerpt

2 WP 5205-2002 C2.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5205 OF 2002 Milind Rajkumar Wagholikar (Shah) Age about 42 years, Occupation : Business Contractor R/at: Baramati Tal. Baramati, District-Pune ...Petitioner Versus 1. Shankar Ramchandra Kirve Age about 50 years, Occupation : Trade, R/o. Baramati, District : Pune SNEHA 2. Kishor Mahadeo Shelke, NITIN Age/adult, Occu: Business. CHAVAN Digitally signed by SNEHA NITIN CHAVAN 3. Shri Ganesh Mahadeo Shelke Date: 2025.10.14 18:38:58 +0530 Age/adult, Occu: Business Nos. 2 nd 3 are R/o. Shravan Galli, Baramati, District : Pune ...Respondents *** Mr. Abhijit Kulkarni a/w Mr. Abhishek Roy & Ms. Sweta Shah for the Petitioner. Mr. G.N. Salunke a/w Mr. P. A. Pol, Mr. Sharad Suryawanshi for Respondents. *** CORAM : M.M. SATHAYE, J. RESERVED ON : 16.09.2025 PRONOUNCED ON : 13.10.2025 :JUDGMENT : 1. Heard learned Counsel for the parties. Rule was granted on 16.09.2002. 2. In this judgment, for convenience and brevity, Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 is referred to as ‘the Bombay Rent Act’ and the words ‘under section’ are referred to as ‘u/s.’ Sneha Chavan 1/15 2 WP 5205-2002 C2.odt 3. This petition under Article 226 and 227 of the Constitution of India, takes exception to the impugned common Judgment and Decree/Order dated 06.02.2002 passed by the 2 nd Additional District Judge, Baramati passed in Civil Appeal No. 88/1997, by which the Appeal filed by the Petitioner and Civil Revision Application No. 1 of 1998 filed by the present Respondent No.1 were dismissed by common judgment. 4. The Petitioner is original Plaintiff/landlord in respect of a land bearing CTS No. 506/34, new CTS No. 866 admeasuring about 7500 sq. ft. at ward No.4, Baramati whic