Disposed¶19

Shrinivas Gopal Pandit v. Smt. Jaywanti Amrutlal Oswal

Bombay HC7 Jan 2025IA/9084/2024

Case brief

AI extract

What is this about?

Bombay High Court; Civil Revision Application No. 5 of 2020; Interim Application No. 9084 of 2024; vacation of interim relief; bonafide requirement; decree by learned Appellate Court; confirmation of eviction decree; possession of 400 sq. feet obtained from tenant; suit premises 70 sq. feet; CRA admitted; final hearing board from 9th June 2025; shown fairly high on board; no order as to costs; Madhav J. Jamdar, J.; landlord-tenant; original Defendants as CRA Applicants.

What did the court decide?

The Interim Application stood disposed of in above terms with no order as to costs; the Civil Revision Application was directed to be added to the final hearing board commencing from 9th June 2025, to be shown fairly high on board. No express order vacating the interim relief was recorded. ¶19

Shrinivas Gopal Pandit vs Smt. Jaywanti Amrutlal Oswal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the interim relief granted in the Civil Revision Application ought to be vacated, given that the Applicants therein have obtained possession of premises admeasuring about 400 sq. feet from their own tenant, exceeding the suit premises of about 70 sq. feet for which the decree was passed on the ground of bonafide requirement.

¶17

Court's answer

Noting that, as admittedly, the Applicants (original Defendants) have received possession of 400 sq. feet area while the suit premises is only 70 sq. feet, the Court directed that the Civil Revision Application be added to the final hearing board commencing from 9th June 2025, to be shown fairly high on board.

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Ratio / Principle

The Interim Application is disposed of in above terms with no order as to costs.

¶19

Key takeaways

Perusal of the record shows that, apart from the issue of bonafide requirement, there are some other issues in the matter.obiter¶18

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Madhav J. Jamdar, J.), Interim Application No. 9084 of 2024 in Civil Revision Application No. 5 of 2020, decided 7th April 2025: The Applicant in the Interim Application (the Respondent in the Civil Revision Application) sought vacation of the interim relief granted in the Civil Revision Application, pointing out that the Applicants in the Civil Revision Application (original Defendants) had, pursuant to a confirmed eviction decree, obtained possession of premises admeasuring about 400 sq. feet from their own tenant, whereas the suit premises — in respect of which the learned Appellate Court had passed a decree on the ground of bonafide requirement — admeasured only about 70 sq. feet. The Court observed that, apart from the issue of bonafide requirement, some other issues remained; and, noting as admitted that the Applicants had received possession of 400 sq. feet against suit premises of 70 sq. feet, directed the Civil Revision Application to be added to the final hearing board commencing 9th June 2025, to be shown fairly high on board, and disposed of the Interim Application with no order as to costs.

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32 IA 9084.24 IN CRA 5.20.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.9084 OF 2024

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CIVIL REVISION APPLICATION NO.5 OF 2020

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Shrinivas Gopal Pandit …Applicant In the matter between :- Smt.Jaywanti Amrutlal Oswal & Anr. …Applicants Versus Shrinivas Gopal Pandit & Anr. …Respondents

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Mr. Satyajeet A. Rajeshirke, Advocate for Applicants. Mr. P.D. Pandit, Advocate for Respondents.

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CORAM: MADHAV J. JAMDAR, J. DATED : 7^th April 2025

¶10

P.C.:

¶11

It is the submission of Mr. Rajeshirke, learned Counsel for the Applicant in the Interim Application i.e. the Respondent in the Civil Revision Application that the Applicant in Civil Revision Application have obtained possession of the premises admeasuring about 400 sq. feet. He submits that the suit premises are about 70 sq. feet and decree has been passed by the learned Appellate Court on the ground of bonafide requirement.

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Mr. Rajeshirke, learned Counsel states that the Civil Revision

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Application is admitted and subsequently the Applicants in Civil

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Page 1 of 2

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Dusane

¶16

32 IA 9084.24 IN CRA 5.20.DOC

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Revision Application have obtained possession from their tenant of premises admeasuring about 400 sq. feet area pursuant to the confirmation of eviction decree filed in the proceedings by them against the tenant. He therefore, states that the interim relief granted be vacated.

¶18

Perusal of record shows that apart from the issue of bonafide requirement, there are some other issues. However, as admittedly, the Applicants i.e. original Defendants have received possession of 400 sq. feet area, whereas the suit premises is only 70 sq. feet., add the Civil Revision Application in the final hearing board commencing from 9^th June 2025. To be shown fairly high on board.

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The Interim Application is disposed of in above terms with no order as to costs.

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(MADHAV J. JAMDAR, J.)

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Page 2 of 2

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Dusane

Shrinivas Gopal Pandit v. Smt. Jaywanti Amrutlal Oswal

Case brief

What is this about?

What did the court decide?

Shrinivas Gopal Pandit v. Smt. Jaywanti Amrutlal Oswal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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