Allowed

Mrs. Shamima Mohammed Khatoon v. Mrs. Rubina Mohd. Rafique Makandar

Bombay HC19 Jan 2023CRA/544/2022

Case brief

AI extract

What is this about?

This civil revision application challenges an order rejecting a stay on eviction without reasons. The court set aside the impugned order, expedited the underlying appeal/revision, and stayed the eviction order pending disposal.

What did the court decide?

Impugned order set aside; Appeal/Revision expedited and to be disposed by 30th April 2023; Eviction order stayed pending disposal.

Mrs. Shamima Mohammed Khatoon Vs Mrs. Rubina Mohd… — Landlord and Tenant | Bombay HC (2023)

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907-CRA-544-2022.doc

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Arjun

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ARJUN VITTHAL KUDHEKAR

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Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2023.01.25 15:28:50 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL REVISION APPLICATION NO.544 OF 2022

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Mrs. Shamima Mohammed Khatoon …Applicant

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V/s.

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Mrs. Rubina Mohd. Rafique Makandar .…Respondent

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Mr. Francis A. Caszo, for the Applicant.

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Mr. Subhradeep Banerjee a/w Harsh Moorjani i/b J. P. Jayswal, for the Respondent.

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CORAM : MADHAV J. JAMDAR, J. DATE : 19^th JANUARY, 2023

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P.C.:

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1. The Applicant is challenging the Order dated 31^st May, 2022 passed by the Additional Commissioner, Konkan Division at Bombay in Appeal/Revision/205/2022, by which, the Additional Commissioner rejected the prayer to stay the execution of Order dated 15^th March, 2022 passed by Competent Authority, Rent Control Act, Konkan Division at Mumbai in Eviction Application No.108 of 2020.

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2. Perusal of the impugned Order dated 31^st May, 2022 shows that, no reason has been given for rejecting the stay Application. In view of this, learned counsel appearing for

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907-CRA-544-2022.doc

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the Respondent after taking instructions, states that, the Respondent will be satisfied if, the hearing of Appeal/Revision/205/2022 is expedited and directed to be disposed of in time bound manner and he further states that, till that time, the order of Eviction dated 15^th March, 2022 be stayed. Both the learned counsel states that, for passing this Order no reasons are required to be given.

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3. In view of the above impugned Order dated 31^st May, 2022 passed by the Additional Commissioner, Konkan Division at Bombay in Appeal/Revision/205/2022 which is at page Nos. 58 and 59 of the paper book is set aside.

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4. The said Appeal/Revision/205/2022 is expedited and the Additional Commissioner, Konkan Division at Bombay is requested to dispose of the same by 30^th April, 2023.

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5. Till disposal of the said Revision, the Order dated 15^th March, 2022 passed by Competent Authority, Rent Control Act, Konkan Division at Mumbai in Eviction Application No.108 of 2020 be not executed.

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6. The Civil Revision Application is allowed in above terms with no order as to costs.

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(MADHAV J. JAMDAR, J.)

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Mrs. Shamima Mohammed Khatoon v. Mrs. Rubina Mohd. Rafique Makandar

Case brief

What is this about?

What did the court decide?

Mrs. Shamima Mohammed Khatoon v. Mrs. Rubina Mohd. Rafique Makandar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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