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BOMBAY HIGH COURT
BHARAT P. DESHPANDE, J
COMMUNIDADE OF CALAPUR – Appellant
Versus
HIRABAI K. KAVLEKAR – Respondent
| Table of Content |
|---|
| 1. jurisdictional issue of the civil court is examined. (Para 1 , 3 , 4 , 8 , 9) |
| 2. arguments concerning tenant status and actionable dispossession are framed. (Para 5 , 6 , 7) |
| 3. tenant rights and jurisdictional exclusion of civil courts established. (Para 24 , 26 , 30) |
| 4. final decision to allow revision and quash previous order. (Para 32 , 33) |
JUDGMENT:
1. This is revision filed by the defendant thereby challenging the impugned order dated 07/09/2017 passed by the learned Civil Court in Regular Civil Suit No.67/2017/C thereby rejecting the application filed under Order 7 Rule 11(d) of CPC.
2. This revision was admitted on 08/02/2018 and is tagged with Civil Revision Application No.40 of 2019, since Civil Revision Application No.40/2019 is arising out of rejection of the application filed under Order 7 Rule 11 for dismissal of the counterclaim.
3. Heard Mr Sawant appearing for the applicant, Ms Asha Desai appearing for respondent No.1 and Ms Sonadevi Nishad appearing for respondents No.2,3 and 4. With their assistance I have perused the paper book containing plaint, relevant documents and impugned order.
4. Mr Sawant appearing for the applicant would submit that a meaning
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