RAM SHANKAR SINHA Vs. RITESH V. PATEL

JUDGEMENT

(1.) Heard Mr. Patel, learned Counsel appearing for the Petitioner and Mr. Makwana, learned Counsel appearing for the Respondents.

(2.) By the present Civil Writ Petition filed under Article 227 of the Constitution of India challenge is to the legality and validity of the order dtd. 14/2/2025 passed by Additional Divisional Commissioner, Konkan Division, Mumbai in Revision Application No.747/2024. By the impugned order of the Additional Divisional Commissioner, order dtd. 9/8/2024 passed by the Competent Authority, Rent Control Act Court, Konkan Division, Mumbai in Eviction Application No.247 of 2023 is set aside and the said Eviction Application is remanded back to the Competent Authority for trial and directing that order be passed after leading evidence by both the parties.

(3.) The Competent Authority by order dated 9 th August 2024 rejected Application bearing Exhibit-11 filed in Eviction Application No.247 of 2023 seeking leave to defend filed by the Respondent and also Application bearing Exhibit-12 under Order VII Rule 11 of the Code of Civil Procedure , 1908 (" CPC ") for rejection of the Eviction Application. Consequently the Competent Authority passed eviction order on 9 th August 2024.