LAWS(BOM)-2016-12-72

SHRI. NAMDEO MARUTI MANE Vs. ISHWAR KONDIBA KHOSE

Decided On December 15, 2016
Shri. Namdeo Maruti Mane Appellant
V/S
Ishwar Kondiba Khose Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The proceeding is filed to challenge the order made by Ad-hoc District Judge-1, Bhoom in Misc. Civil Appeal No. 19/2016. This appeal was filed to challenge the order made by Civil Judge, Junior Division, Bhoom on Exh. 34 in Rent Suit bearing Regular Civil Suit No. 73/2011. Application at Exh. 34 was filed under section 29 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as 'the Act' for short) for restoration of essential services like supply of electricity and water. The Trial Court had rejected the application on merits. But the appellate Court in appeal has held that such relief needs to be granted and appeal is allowed.

(3.) There are many aspects which need to be dealt with in the present matter. Firstly, the proceeding under section 29 of the Act is an independent proceeding. Such proceeding cannot be a part of rent suit. Even in Civil Manual, in Clause like 337 prepared by this Court for procedure which is to be followed by the Trial Court, it is made clear that the proceedings including Misc. Civil Application requiring judicial inquiry need to be given separate number and they need to be dealt with separately. In view of this circumstance, it was necessary to file separate proceeding under section 29 of the Act.