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2024 Supreme(Online)(Bom) 6523

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
MRS. BINAIFER BATIWAL @ BINAIFER LOVJI MALEGAM – Appellant
Versus
KADAMBAGIRI ESTATES PVT. LTD. – Respondent


Advocates:
Mr. Y.S. Jahagirdar, Senior Advocate i/b. Mr. Shailendra S. Kanetkar for Petitioner. Mr. V.A. Thorat, Senior Advocate with Mr. Rohaan Cama, Mr. Kyrys Modi, Ms. Smruti Kanade, Ms. Jigisha Vadodaria & Ms. Masira Lulania i/b. Negandhi Shah Himaytullah for Respondent No.1.

JUDGMENT :

1) Writ Petition is filed challenging the judgment and decree dated 26 August 2019 passed by the learned District Judge-8, Pune in Regular Civil Appeal No.215 of 2010 allowing the Appeal and setting aside the judgment and decree dated 5 December 2009 passed by the learned Judge, Small Causes Court, Pune in Special Civil Suit No.30 of 2002. The Small Causes Court had dismissed Special Civil Suit No.30 of 2002 instituted by Respondent-Plaintiff on the ground of erection of permanent construction on the suit premises under provisions of Section 16(1)(b) of the Maharashtra Rent Control Act, 1999 (MRC Act). The Appellate Court has reversed the decree passed by the Trial Court and has decreed Special Civil Suit No. 30 of 2002 on the grounds of carrying out permanent construction causing destruction or danger to the building and erection of unauthorised extension of permanent nature to the suit premises. The Appellate Court has directed Petitioner/Defendant-tenant to deliver vacant possession of the suit premises. Aggrieved by the decree passed by the Appellate Court, Petitioner-tenant has filed the present Petition.

2) Plaintiff-Respondent is the owner of the bungalow, outhouse

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