Disposed

Smt. Indira Radhakrishnan Nair v. Shri Dayanand Nilkant Naik and Anr.

Bombay HC5 Feb 2024CRA/133/2019

Case brief

AI extract

What is this about?

A landlord-tenant civil revision application was disposed of by consent with directions: the applicant-landlord to hand over possession of Room No.10 on habitable basis by 1 April 2024; adult tenant members to give undertakings not to create third-party interests and deposit rent in Small Causes Court; and a timeline fixed for expeditious disposal of R.A.E. Suit No. 1350 of 2014.

What the court decided

AI extract

Smt. Indira Radhakrishnan Nair Vs Shri Dayanand Nilkant… — Landlord and Tenant | Bombay HC (2024)

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KANCHAN Digitally signed byKANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2024.02.0615:05:48 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL REVISION APPLICATION NO. 133 OF 2019

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Smt. Indira Radhakrishnan Nair

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...Applicant

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VERSUS

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Shri Dayanand Nilkant Naik And Anr. ...Respondents

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Mr.Pankaj Thatte a/w. Ms.Sucheta Joshi-Dongre, Mr.Amit
Sharma, Mr.Nikhil Sonar for the Applicant.

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Mr.Rajesh L.Dharap for the Respondent No.1.

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CORAM: RAJESH S. PATIL, J.

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 DATE : 5 FEBRUARY, 2024

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P.C. :-

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After the matter was argued for some time, both the

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learned counsel agree to dispose of this Civil Revision Application
with certain directions.

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2. Civil Revision Application is disposed of with following

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directions :-

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(i)The landlord (applicant in the Civil Revision
Application) will handover possession of the suit
premises i.e. Room No.10 in Building Keshav Bhavan

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on or before 1 April, 2024, on habitable basis to the
tenant/respondent no.1 herein.

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(ii)All the adults members of the

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tenant/respondent no.1 will give an undertaking
within one week of landlord handing over possession
of the suit premises, before the Trial Court that during
the pendency of the R.A.E.Suit No. 1350 of 2014, they

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will not create any third party interest in the suit
premises, and will keep on depositing the agreed rent
in the Small Causes Court till disposal of the suit.

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(iii)The Judge of Small Causes Court will make an
endevour to dispose of the R.A.E.Suit No. 1350 of 2014
as expeditiously as possible and the suit will be
disposed of as per the following time line:-

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(a)The plaintiff will effect service to defendant

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no.2 by 28 February, 2024. The defendant no.2

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to file his written statement by 20 March, 2024.

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(b)Both the parties will co-operate in framing

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of the issues and the issues may be framed by

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30 March, 2024. The parties are permitted to

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file draft issues.

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(c) The plaintiff will file affidavit of evidence of

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its witness no.1 by 15 April, 2024.

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(d)The defendants will thereafter co-operate
and cross examine the plaintiff’s witness by 21

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June, 2024.

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(e)If the plaintiff closes its evidence by 1 July,

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2024, the defendant no.1 will file an affidavit of

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evidence of its witnesses by 20 July, 2024.

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(f) The plaintiff will thereafter co-operate and
cross examine the witnesses of the defendant

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no.1 by 20 August, 2024.

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(g)If the defendant no.1 closes its evidence by

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13 September, 2024, the defendant no.2 may

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examine his witnesses by filing his affidavit of

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evidence by 15 October, 2024.

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(h)The said witnesses of the defendant no.2

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can be cross examined by the parties by 2

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December, 2024.

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(i) If the evidence of all the parties are over by

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16 December, 2024, the parties will co-operate

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in hearing the matter by making their
submissions as early as possible.

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(j) The parties are permitted to file written submissions.

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(k)The Trial Judge may hear the parties on
merits and decide the matter by 28 February,
2025.

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(l) The Trial Judge will have all powers to

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consider to extend any of the above mentioned

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time line, in the interest of justice.

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3. Civil Revision Application is disposed of in the aforesaid

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terms.

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[RAJESH S. PATIL, J.]

Smt. Indira Radhakrishnan Nair v. Shri Dayanand Nilkant Naik and Anr.

Case brief

What is this about?

What the court decided

Smt. Indira Radhakrishnan Nair v. Shri Dayanand Nilkant Naik and Anr.

Case brief

What is this about?

What the court decided

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