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2002 Supreme(Bom) 567

R.S.MOHITE
Pandurang Narayan Pandit – Appellant
Versus
Pundalik Shamrao Satav – Respondent


JUDGMENT - MOHITE R.S., J.:---Heard the learned Counsel for the parties.

2. Rule is made returnable forthwith by consent of the parties.

3. This civil revision application, which has been field by the original defendant-landlord, challenges an order below Exhibit 8 in Small Causes Suit No. 18 of 1999, which is an order passed below an application for staying the proceedings in the suit, purported to be filed under section 10 of the Civil Procedure Code.

4. It is an admitted position that the defendant-landlord was granted permission by the Rent Controller, which was confirmed in appeal and writ petition in this regard is admitted and pending before the Single Judge of this Court. In the meanwhile, the defendant-landlord filed a suit for eviction and possession along with recovery of arrears of rent. In this suit, the defendant filed the application at Exhibit 8 for staying of proceedings on the ground of pendency of writ petition in this Court. It appears that this application has been allowed by the impugned order dated 4-4-2000. A perusal of the order indicates that the trial Court has accepted that the Court can proceed with the matter and can pass a decree by noting that its exe





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