CHANDRASEN PURSHOTTAM BHIMJI vs KISAN KONDU GAIKWAD

Judgment text excerpt

Digitally signed by WP.827.2014 (Bhimji) C2.doc ANANT ANANT KRISHNA KRISHNA NAIK IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAIK Date: 2026.05.05 CIVIL APPELLATE JURISDICTION 19:40:37 +0530 WRIT PETITION NO.827 OF 2014 Chandrasen Purshottam Bhimji, Age 85 years, Occ. Business having office at C/o Industrial Electrical Engineering Co. 10, Ambalal Doshi Marg, Raj Bahadur Building, Mumbai 400 023 ...Petitioner Versus Kisan Kondu Gaikwad Age 67 years, Occ. Service then residing at Madhusudan Bungalow, No.52 A, C Ward, S. P. Road Lonavala, Taluka Maval, Dist. Pune and now residing at Shree Ram Apartment 2nd floor, Flat No.14, Bhangarwadi, Opp. Kale Hospital, Lonavala 410 401. …Respondent **** Mr. Surel Shah, Senior Advocate a/w Mr. Nihar Chitre a/w Mr. Rohan Marathe i/by Ms. Archana Yadav for the Petitioner Mr. Drupad Patil a/w Ms Srushti Chalke i/by Mr. Ratnesh Dubey for the Respondent **** CORAM : M. M. SATHAYE, J. RESERVED ON : 22nd DECEMBER 2025 PRONOUNCED ON : 5th MAY 2026 JUDGMENT: 1. This Petition is filed under Article 226 and 227 of Constitution of India, challenging the judgment and decree dated 07.10.2013 passed by District Judge-20 Pune in Civil Appeal No. 65/2012, by which the said Appeal filed by the Respondent is allowed, setting aside the judgment and 1 akn WP.827.2014 (Bhimji) C2.doc decree dated 02.01.2012 passed by the Second Joint Civil Judge, Junior Division, Vadgaon, Maval, Pune in Regular Civil Suit No. 256/2008. By the impugned decree of the Appellate Court, the Suit filed by the Respondent/Plaintiff has been decreed, declaring him as tenant in respect of Suit premises. 2. The Respondent is the Original Plaintiff and the Petitioner is the Original Defendant in a Suit filed under for declaration of tenancy under the provisions of the Maharashtra Rent Co