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2024 Supreme(Online)(Bom) 4168

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
KASHINATH R. KOLWANKAR – Appellant
Versus
SUNANDA WD/O RAMAKANT DESAI (DECEASED) AND ORS. – Respondent


Advocates:
Mr. Kishor Patil with Mr. R.M. Haridas and Ms. Rukmini Khairnar i/b Mr. Shriram S. Redij for Applicant. Mr. Prasad Dhakephalkar, Senior Advocate (through video conferencing) with Mr. Abhinav Bhatkar i/b Mr. Ajit A. Kocharekar for Respondent Nos.2 and 4(a) to 4(c).

J U D G M E N T

1 The Applicant/original Defendant has invoked revisionary jurisdiction of this Court to set up a challenge to the judgment and decree dated 3 May 2019 passed by Appellate Bench of Small Causes Court, by which Appeal No. 245 of 2008 filed by Respondents/Plaintiffs has been allowed and judgment and decree dated 4 February 2018 passed by the learned Judge of the Small Causes Court in RAE & R Suit No.46/83 of 1992 is set aside. The Appellant Bench has decreed RAE & R Suit No.46/83 of 1992 directing the Applicant/Defendant to handover possession of the suit premises to the Respondents/Plaintiffs with further direction to pay Rs. 3,600/- towards arrears of rent alongwith 15% simple interest.

2 Brief facts, necessary for decision of the Civil Revision Application can be summarized as follows:

Respondents/Plaintiffs instituted RAE & R Suit No.46/83 of 1992 against Applicant/original Defendant Shri Kashinath R. Kolwankar for recovery of possession of suit premises being Flat No. F-2 on ground floor of building Dulaba Prasad, Plot No.60-D and 60-F, S. Jadhav Marg, Naigaon, Mumbai–400014 (Suit Premises). It is the case of Respondents/Plaintiffs in the Plaint that late Shri Ramak

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