The appeal by original plaintiffs challenging eviction proceedings instituted by certificated landlords had to be dismissed where an absolute injunction against eviction was already in operation in their favour.
Second appeal dismissed; parties directed to abide by the writ petition order.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.463 OF 2009
Jagannath T. Jadhav and ors...Appellants.
Vs.
Shri.Ananda Krishna Nalawade
and anr.
..Respondents.
Mr.A.V.Anturkar for the Appellants.
Mr.C.S.Joshi for the Respondent No.1.
Ms. V.S.Mhaisapurkar, AGP. For the State.
CORAM : R.S. MOHITE, J.
DATE : 11th March, 2010
PC :
1This is an appeal filed by the original
plaintiffs. The plaintiffs claim to be the
tenants of the suit lands. Admitted position is
that the respondents are certificated landlords.
They hold a Certificate under Section-88-C of the
B.T.A.L. Act. It is also an admitted position that
the landlords had instituted the eviction
proceedings under the said Act. That litigation is
also pending in the High Court. That litigation
was decided in favour of the landlords upto the
2
M.R.T. The present appellants have filed writ
petition No.5332 of 1998. Rule has been issued in
the said petition and ad interim relief against the
eviction has been granted in favour of the tenants
and this ad interim relief has been confirmed on
absolutely clear that the landlords are following
the due process of law. There is also an absolute
injunction operating in favour of the tenants. The
reliefs which were sought in the suit had thus
become superfluous even during the pendency of the
suit. That being the position, the second appeal
is dismissed. Both the parties however, agree that
they will abide by the order passed in Writ
Petition and if possession is required to be taken
it will be taken in accordance with law.
( R.S. MOHITE, J.)
2 issues framed by the court
Whether the second appeal is maintainable when an absolute injunction against eviction is already in force in favour of the tenants.
Whether the reliefs sought in the suit became superfluous during its pendency due to the ad interim relief in the writ petition.
1 provisions across 1 enactments
Jagannath T. Jadhav and ors
Shri. Ananda Krishna Nalawade
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court