SHR. PRATAP ARJUNDAS VALECHA vs SHRI. VIRESH GANGADHAR TALAJIA AND ANR

Judgment text excerpt

CRA-553-2019.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 553 OF 2019 Pratap Arjundas Valecha, Age: 63 years, Occupation: Business R/o. Bharat Hotel, Near Ramkund, Near Pande Mitthai, Panchvati, Nashik ...Applicant Versus 1. Viresh Gangadhar Talajia, Age- 59 years, Occupation-Service Residing at Old Tambat Lane, Nashik. 2. Heena Paresh Talajia Age-47 years, Occupation: Household, Residing at 1844, Old Tambat Lane, Nashik …Respondents Mr. Surel Shah, Senior Advocate, with Sandeep D. Shinde and S Relekar, for the Applicant. Mr. Vikram A. Sathaye, i/b Yogita Deshmukh, for Respondent. CORAM: N. J. JAMADAR, J. RESERVED ON : 3rd JULY 2025 PRONOUNCED ON: 3rd SEPTEMBER 2025 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL JUDGMENT: Date: 2025.09.03 20:57:50 +0530 1. This Revision Application is directed against a judgment and order dated 27th June 2018 passed by the learned District Judge, Nashik in RCA No. 91 of 2014, whereby the Appeal preferred by the 1/14 CRA-553-2019.DOC Respondents-Plaintiffs, against a judgment and decree passed by the Trial Court in RCS No. 167 of 2008 dated 30 th January 2014 was set aside and the said Suit came to be decreed thereby directing the Applicant to deliver vacant and peaceful possession of the premises situated at City Survey No. 5900 (the Suit premises). 2. Shorn of unnecessary details, the background facts leading to this Revision Application can be stated as under: 2.1 The suit premises is the joint family property of Talajia family-the members of which perform the rituals as priests. The Applicant- Defendant is a tenant in respect of the suit premises. The Defendant runs a hotel under the name and style of Bharat Hotel in the suit premises. The