Petitioner sought interim stay of eviction order during vacation court listing due to urgency of execution notice.
Stay of eviction order till next date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 12 wp 7790-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7790 OF 2024
Mehrunnisa Abdul Ajij Khan Versus
The Competent Authority Konkan Division Mumbai and Ors.
...Petitioner
...Respondents
SNEHA NITIN CHAVAN
Digitally signed by SNEHA NITIN CHAVAN Date: 2024.05.29 20:58:18 +0530
Ms. Prajakta Deshmukh i/b Syed M.M. Bukhari for the Petitioner. Mr. Y.D. Patil, AGP for the Respondent Nos. 1and 2/State. Mr. Ishan Srivastava for Respondent Nos. 3 and 4.
CORAM : M.M. SATHAYE, J. DATE : 29 MAY 2024 (VACATION COURT)
P.C. :
. Heard learned counsel for the Petitioner, learned AGP for
Respondent Nos. 1 and 2 and learned counsel for the Respondent Nos. 3 and 4.
in respect of the subject matter premises which is flat No. 101, 1st floor, Kalpataru Apartment, Amrut Nagar, Mumbra, Thane.
proceedings filed against her under Section 24 of the Maharashtra Rent
Sneha Chavan
2 12 wp 7790-24.doc
Control Act, 1999 (hereinafter ‘the Rent Act’ for short), the Petitioner had filed application seeking leave to defend. The said application was rejected in April, 2023. The Competent Authority thereafter proceeded with the matter on merits and granted eviction order on 24.05.2023. The Petitioner challenged the final order dated 24.05.2023 along with order of rejection of her application seeking leave to defend, by filing Revision Application No. 607 of 2023 before the Additional Commissioner, Konkan Division, Mumbai. This application is rejected by the impugned order dated 18.12.2023 on the ground of delay.
Sneha Chavan
3 12 wp 7790-24.doc
the ground that the Petitioner is in arrears of compensation / licence fees of Rs. 5,000/ - per month, since last many years. The learned counsel for the Petitioner on instructions has shown willingness to deposit Rs.25,000/- in this Court within a period of 1 week from today to show her bona-fides and she urges that the Petitioner is in need of a roof over her head and if the eviction is permitted to proceed, it will cause great hardship to her.
(M.M. SATHAYE, J.)
Sneha Chavan
1 issue framed by the court
Whether the delay in filing the Revision Application should be condoned?
1 provisions across 1 enactments
Mehrunnisa Abdul Ajij Khan
The Competent Authority Konkan Division Mumbai
Ors.
M.M. SATHAYE
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
