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2024 Supreme(Bom) 1199

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sandeep V.Marne
Pradeep Kumar Lalit Kumar Pandya – Appellant
Versus
Harisingh J. Kapadia (deceased through legal heirs and representatives) – Respondent


Advocates Appeared:
For the Applicant : Mr. Pradeep Kumar Lalit Kumar Pandya
For the Respondent: Mr. Suraj Shah with Mr. Pralsha Rathod and Ms. Laxmi Thakur

JUDGMENT :

Sandeep V. Marne, J.

1. Revision Applicant has invoked revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (the Code) for setting up a challenge to the judgment and decree dated 10 December 2019 passed by the Appellate Bench of the Small Causes Court dismissing Appeal No.92/2014 and confirming the judgment and decree dated 24 December 2013 passed by the Small Causes Court dismissing R.A.D. Suit No. 1958/2003. The Applicant had sought review of the judgment of the Appellate Bench by filing MARJI Application No.83/2020, which has been dismissed by order dated 17 October 2020, which is also subject matter of challenge in the present Revision Application. The Revision Applicant-Plaintiff is thus aggrieved by dismissal of the suit filed by him seeking a declaration that he is the tenant in respect of the suit premises.

2. Brief factual narration of facts of the case would be necessary. Suit premises comprise of two residential units being Block Nos.4 and 5 on ground floor of the building named ‘Kapadia Building’ at 106, Walkeshwar Road, Mumbai-400 006 (suit premises). Dr. Ramanlal Chhaganlal Upadhyaya was inducted as a tenant in respect o

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