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2020 Supreme(Bom) 745

G.S.KULKARNI
Rahul Subhash Bothra – Appellant
Versus
Karjala Ashalata Naidu – Respondent


Advocates Appeared:
Abhishek R Avchat, Advocate, S.L. Babar, Advocate, Tejas D Deshmukh, Advocate

JUDGMENT

G.S.Kulkarni, J. - Rule returnable forthwith. Respondent waives service. By consent of the parties heard finally.

2. Challenge in this petition is to an order dated 23 April 2019 passed by the learned Civil Judge Junior Division, Ghodnadi, Shirur, Pune. By the impugned order an application below Exhibit 14 as filed by the respondentdefendant under Section 10 of the Code of Civil Procedure for stay of the suit in question, is allowed in view of the pendency of a prior suit between the parties being Special Civil Suit no.1213 of 2014 filed by the respondent before the Court of Civil Judge Senior Division, Pune.

3. Learned Counsel for the petitioner in assailing the impugned order would contend that the impugned order cannot be sustained in law inasmuch as the jurisdiction of both the Courts in entertaining the respective suits before these respective Courts is different. He submits that the jurisdiction of the Court in the suit in question (Regular Civil Suit no.41 of 2015) arises under the provisions of the Provincial Small Cause Courts Act,1887 read with the Maharashtra Rent Control Act being a suit filed for eviction of the respondent-defendant-tenant, whereas jurisdiction

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