Babulal Maganlal Chauhan v. Ashok Ramkrishna Malu
Case brief
What is this about?
Writ Petition No. 18914 of 2024, Bombay High Court, decided 5 August 2025 by N.J. Jamadar, J. Petitioner Babulal Manganlal Chauhan (defendant/tenant) challenged District Judge, Kolhapur's revisional order dated 02.07.2022 in Civil Revision Application No. 7 of 2020 setting aside the Trial Court order dated 06.02.2020 permitting repair of a toilet per Court Commissioner's report with costs deductible from rent, and the rejection of review in CMA No. 151 of 2022 (also referenced as CMA No. 181 of 2022). Petition disposed with clarification that the Trial Court decide the suit on its own merits, uninfluenced by interlocutory orders or the District Judge's Para 12 observations; no statute or precedent cited; no costs or quantum awarded.
What did the court decide?
Petition disposed subject to the clarification that the Trial Court shall decide the suit finally on its own merit and in accordance with law, without being influenced by any of the interlocutory orders, including the Trial Court order dated 6th February 2020 and the orders passed by the learned District Judge in Civil Revision Application No. 7 of 2020 and Civil Miscellaneous Application No. 181 of 2022.