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2022 Supreme(Bom) 2070

MANISH PITALE
Columbia Hospital & Research Centre Pvt. Ltd. – Appellant
Versus
Maharashtra Industries – Respondent


Advocates Appeared:
J.T.Gilda, Advocate, A.B.Patil, Advocate, R.M.Sharma, Advocate

JUDGMENT

MANISH PITALE, J. - The original defendant No.9 is the petitioner before this Court, challenging concurrent orders passed by the two Courts below. The respondent No.1 is the original plaintiff while respondent Nos. 2 to 6 are the original defendant Nos. 2 to 6 before the Courts below.

2. The respondent No.1 filed a suit for declaration, perpetual and mandatory injunction under Sec. 33 of the Maharashtra Rent Control Act, 1999, before the Small Causes Court at Nagpur, against the original defendant Nos.1 to 8. Thereafter, the defendant No.9 i.e. the present petitioner was added as a party to the aforesaid suit. The said suit was filed on 21/05/2009, wherein it was stated that the respondent No.1 i.e. M/s Maharashtra Industries was a registered partnership firm in which Kailashchandra Jankilal Bundiwal and Mohanlal Balmukund Bundiwal, were partners. The plaintiff firm was stated to be a registered partnership firm bearing registration No. 907 of 1978-79. The plaintiff firm claimed that the suit property in its possession was wrongly and illegally taken over by the original defendant Nos.1 and 2 in the intervening night of 14/05/2009 and 15/05/2009. It was submitted that the s

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