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2018 Supreme(Bom) 673

MANISH PITALE
Maharashtra State Warehousing Corporation – Appellant
Versus
Sudhadevi W/o Ramakant Loiya – Respondent


Advocates Appeared:
For the Appellant : Shri N.R. Saboo
For the Respondent: Shri H.N. Verma

JUDGMENT :

MANISH PITALE, J.

1. By this appeal, the appellant/Maharashtra State Warehousing Corporation has challenged the order dated 24.08.2017 passed by the Court of District Judge, Bhandara (appellate Court) in MJC No. 92 of 2015, rejecting an application for condonation of delay filed by the appellant in preferring appeal before the said Court.

2. The appellant/Corporation was a tenant in suit premises bearing House No. 574, Village Wardhi, Bhandara Road, Tahsil and District Bhandara. The respondents had filed a suit for possession and arrears of rent against the appellant/Corporation in respect of the said suit property. The suit was decreed in favour of the respondents and the appellant/Corporation was directed to vacate the suit property, against which, it had filed an appeal.

3. Thereafter, the respondents filed Special Mesne Profits Case No. 01 of 2004 before the Court of Civil Judge, Senior Division, Bhandara (trial Court) being an application under Order 20 Rule 12 of the Code of Civil Procedure for determination of mesne profit. This application was contested by the appellant/Corporation. By judgment and order dated 11.11.2011, the trial Court partly allowed the said appli
























































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