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2023 Supreme(Online)(Bom) 1844

HIGH COURT OF BOMBAY
Madhav J. Jamdar, J
Mrs. Alpana Sanjay Kolhatkar – Appellant
Versus
Mr. Vijay Kumar Amrut Gone – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rajiv Chavan, Ms. Priyanka Chavan
For the Respondents: Dr. Suneet Gupta, Ms. Rutuparna Samudre

Table of Content
1. challenge to eviction order (Para 1 , 2 , 3 , 4)
2. factual circumstances of the case (Para 5 , 6)
3. parties' legal contentions (Para 7 , 8 , 9)
4. court's analysis and legal standards (Para 10 , 11 , 12)
5. final order and directions (Para 36 , 37)

"O R D E R

1. Revision Application is partly allowed.

2. The order of Competent Authority Konkan Division in case No.96 of 2012 dated 31.05.2014 is set aside.

3. The case is remanded back to the Competent Authority for fresh disposal after allowing both the parties to adduce oral and documentary evidence and then to pass final order as per law.

4. Parties be informed accordingly."

(Emphasis added)

5. At the outset, it is to be noted that when the finalisation of draft of this judgment is at final stage, the Registry of the Bombay High Court placed a Letter dated 13th December 2023 of Dr. Suneet Gupta, learned Counsel appearing for the Petitioner before me stating that although the order is pronounced on 7th August 2023, the same is not published yet.

In the said letter, learned Counsel appearing for the Petitioner has made a request to place the Writ Petition for fresh hearing before a different Bench. Reliance is placed on the

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