Quashed

Bhagchand Pannalal Bothara v. Pramilabai Died Lrs

Bombay HC23 Jun 2011CRA/146/2004

Case brief

AI extract

What is this about?

The High Court held that the Adhoc Additional District Judge lacked jurisdiction to hear rent appeals. The matter was remitted to the Principal District Judge for fresh hearing, and the civil revision applications were disposed of.

What did the court decide?

Impugned judgment of Adhoc Additional District Judge quashed; Rent Appeals restored to Principal District Judge for fresh hearing.

`Office Notes, Office` `Memoranda of Coram,`			`C`	`ourt’s or Judge’s orders`
`appearances, Court’s` `orders or directions` `and Registrar’s` `orders`
	`Mr. M.N.` `Mr. S.P.` `Mrs. C.S.`	`Navan` `Deshm` `Desh`	`dar, Ad` `ukh, Ad` `mukh, A`	`vocate for applicant.` `vocate holding for` `dvocate for Resp.No.2.`
			`CORAM`	`: S.S. SHINDE, J.`
			`DATE`	`: 23RD JUNE, 2011`
	`PER COURT`	`:`
		`Hea`	`rd lea`	`rned Counsel for the`
	`applicant`	`and`	`learned`	`Counsel appearing for`
	`the respo`	`ndent`	`No.2.`
	`2.`	`Acc`	`ording`	`to learned Counsel`
	`appearing`	`for`	`the`	`applicant and also`
	`learned`	`Coun`	`sel`	`appearing for the`
	`responden`	`t No`	`.2, 2`	`nd Adhoc Additional`

Office Notes, Office
Memoranda of Coram,

C

ourt’s or Judge’s orders

appearances, Court’s
orders or directions
and Registrar’s
orders

Mr. M.N.
Mr. S.P.
Mrs. C.S.

Navan
Deshm
Desh

dar, Ad
ukh, Ad
mukh, A

vocate for applicant.
vocate holding for
dvocate for Resp.No.2.

CORAM

: S.S. SHINDE, J.

DATE

: 23RD JUNE, 2011

PER COURT

:

Hea

rd lea

rned Counsel for the

applicant

and

learned

Counsel appearing for

the respo

ndent

No.2.

2.

Acc

ording

to learned Counsel

appearing

for

the

applicant and also

learned

Coun

sel

appearing for the

responden

t No

.2, 2

nd Adhoc Additional

District Judge, Aurangabad, who passed the impugned judgment and order, was not competent in view of the judgment of this Court in the case of Carona Limited and another vs. Arunchandra Hiralal Kapadia reported in 2005(Supp.) Bom.C.R. 283. appeal can only be heard by District Judge under section 25 of the Hyderabad Control Act. 3. Since both the sides have agreed for remitting the matter back to the Principal District Judge, Aurangabad for fresh hearing, the impugned judgment and order of the 2nd Adhoc Additional District Judge, Aurangabad passed in Rent Appeal Nos.9 of 1993 and 10 of 1993 dated 16-04-2004 is quashed and set aside. 4. Rent Appeal Nos.9 of 1993 and 10 of 1993 are restored to their original file. The Principal District Judge, Aurangabad to

3 cra146.04
`hear and dispose of the said appeals within` `three months from the receipt of the order` `passed by this Court.`
`5. Civil Revision Applications stand` `disposed of.`
`6. Record and Proceedings, if any, be`
`sent back forthwith to the Court of the`
`Principal District Judge, Aurangabad.`
`7. Any Civil Application pending in`
`these Civil Revision Applications would not`
`survive, therefore, same stands disposed`
`of.`
`[S.S. SHINDE, J.]`

3 cra146.04

hear and dispose of the said appeals within
three months from the receipt of the order
passed by this Court.

5. Civil Revision Applications stand
disposed of.

6. Record and Proceedings, if any, be

sent back forthwith to the Court of the

Principal District Judge, Aurangabad.

7. Any Civil Application pending in

these Civil Revision Applications would not

survive, therefore, same stands disposed

of.

[S.S. SHINDE, J.]

Bhagchand Pannalal Bothara v. Pramilabai Died Lrs

Case brief

What is this about?

What did the court decide?

Bhagchand Pannalal Bothara v. Pramilabai Died Lrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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