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2023 Supreme(Bom) 1125

MANISH PITALE
Dileep Balkrishna Nevatia – Appellant
Versus
Sunita Dileep Nevatia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Simil Purohit, Mr. Kalpesh Joshi and Ms. Nisha Shah i/b
Kalpesh Joshi
For the Respondent: Mr. Rajiv Narula i/b Jhangiani, Narula & Associates

ORDER :

1. By this application, the Applicant (Defendant No. 2) is seeking judgment for dismissal of the suit on the basis of admissions. This application has been filed in peculiar facts and circumstances. In order to understand the background in which the present application has been filed, it would be appropriate to briefly refer to the facts of the present case.

2. The Plaintiff has filed the present suit under Section 6 of the Specific Relief Act (hereinafter refer to as the aforesaid Act) for restoration of possession of suit premises, which according to the Plaintiff, was forcibly and illegally taken from the Plaintiff by the Defendants. The Plaintiff has also sought ancillary reliefs, including interim reliefs, which were also separately pressed on the basis of Notice of Motion filed in the suit.

3. In the plaint, the Plaintiff has referred to and relied upon a Leave and License Agreement dated 07th October, 2017, whereby the Plaintiff was inducted as a licensee from 21st March, 2018 to 20th March, 2023, it being referred to as the license period. The Plaintiff was inducted as licensee for running a restaurant and bar in the suit premises. It is the case of the Plaintiff that

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