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2024 Supreme(Bom) 1018

SANDEEP V. MARNE
Rakesh Zaverchand Shah – Appellant
Versus
Kamal Laxmichand Jhaveri – Respondent


Advocates Appeared:
For the Appellant :Prasad Dhakephalkar, Senior Advocate and Sneha Kudgaonkar i/by Poonam P. Madhwani.
For the Respondents:Y.S. Jahgirdar, Senior Advocate and Prasad Dani, Senior Advocate i/by Bharat Joshi.

JUDGMENT :

(Sandeep V. Marne, J.)

1. These two Civil Revision Applications are filed by the Applicant challenging the judgment and decree dated 3 May 2016 passed by the Court of Small Causes at Mumbai decreeing R.A.E. & R. Suit No. 813/1300 of 2007 and directing the Defendants to deliver possession of the suit premises. The decree of the Trial Court has been confirmed by the Appellate Bench of the Small Causes Court by its judgment and decree dated 5 May 2022 which is also subject matter of challenge in the present Civil Revision Applications. It appears that the cross Appeals were filed against the decree of the Trial Court both by the landlord as well as the tenants and by common judgment and order dated 5 May 2022, the Appeal filed by the Tenant (Applicant) has been dismissed, whereas the appeal filed by the landlord is allowed to the extent of change of user while confirming the decree of eviction. This is how two separate Revision Applications are filed challenging common judgment and order of the Appellate Bench.

2. Facts of the case, as pleaded by the Plaintiff-landlord in R.A.E. & R Suit No. 813/1300 of 2007 are that, Room No.8 situated on 3rd floor of Building No.13 on Plot

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