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2015 Supreme(Bom) 1943

R.M.SAVANT
Smita Prakash Chikhale – Appellant
Versus
Gajanan Yashwant Khatu Indian inhabitant – Respondent


Advocates:
Advocate Appeared:
Mr. Jayesh Bhatt, for the Applicants.
Ms. D. S. Retiwala a/w Ms. Rashida M. Retiwala, for the Respondent.

Judgment

1. The Revisionary Jurisdiction of this Court is invoked against the judgment and order dated 31.03.2015 passed by the Learned Judge of the City Civil Court, Mumbai, by which order the suit in question being Short Cause Suit No.2182 of 2012 came to be decreed and the Defendant Nos.1 and 2 were directed to hand over vacant and peaceful possession of the suit premises to the Plaintiff.

The facts giving rise to the filing of the above Civil Revision Application can in brief be stated thus :-

2. The parties would be referred to as per their nomenclature in the suit. The above Civil Revision Application has been filed by the original Defendants whereas the Respondent is the original Plaintiff in the suit in question. The suit in question was filed invoking Section 6 of the Specific Relief Act. The cause for filing of the suit was the alleged dispossession of the Plaintiff by the Defendants on 16.11.2011. It is the case of the Plaintiff that the suit shop belonged to one Dharnidhar Chikhale and the Plaintiff started working in the said shop by assisting the said Dharnidhar Chikhale in or about the year 1972-1973. The said shop was being conducted in the name and style of “Shree Bid












































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