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2009 Supreme(Bom) 1354

A.S.OKA
Laheribai J. Trivedi – Appellant
Versus
Dharamdatta V. Trivedi – Respondent


Advocates appeared:
For the Petitioners:A.A. Patel, Advocate. For the Respondents:R1, Vaibhav Mehta a/w. Ms. Deepti B. Mistry, i/b. M/s. Vaibhav Mehta & Associates, Advocates.

Judgment :

Oral Judgment:

1. By order dated 28th July, 2009, this Court directed that this Petition shall be heard finally at the stage of admission. The submissions of the learned counsel appearing for the parties were heard earlier. One of the issues involved in this Petition is whether a revision application under section 29(3) of the Bombay Rents Hotel and Lodging House Rents Control Act, 1947 (herein after referred to as said Act of 1947) was maintainable.

2. The Petitioners are the original Plaintiffs and the Respondents are the original Defendants. The suit was filed in the year 1982 for possession against Respondents under the provision of the said Act of 1947. The present Petitioners are the legal representatives of the original Plaintiff. An application was made by the Petitioners seeking permission to delete the names of 2nd to 4th Respondents. The said application was filed by the Petitioner No.1(c) on 31st March, 2005. According to the Petitioners, they alongwith their Advocate were under an impression that the suit was pending for passing an order on the said application. According to Petitioner, on 8th November, 2005, the Petitioners and their Advocate learnt that the




















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