RAJENDRA KUMAR UPADHYAY Vs. USHA JHAVERI

JUDGEMENT

(1.) Heard Mr. Singh, learned Counsel for the petitioner and Ms Sonal, learned Counsel for the respondent at length.

(2.) By this Petition under Article 227 of the Constitution of India, the petitioner, hereinafter referred to as the 'plaintiff', has challenged the order dated 8.5.2014 passed by the learned Judge, Court Room No.16 of the Court of Small Causes at Mumbai below Exhibit-27 in R.A.E. & R. Suit No.683/1034 of 2009 as also the order dated 8.1.2015 passed by the Appellate Bench of the Small Causes Court in (iii) Revision Application No.376/2014. By order dated 8.5.2014, the learned trial Judge has allowed the application filed by the respondent, hereinafter referred to as the 'defendant' and stayed the eviction suit till the City Civil Court, Mumbai disposes of Suit No.49/2005. By order dated 8.1.2015, the Appellate Court dismissed Revision Application on the ground of maintainability in view of Section 34(4) of the Maharashtra Rent Control Act, 1999 (for short 'Act').

(3.) At the outset, Mr. Singh submitted that he is not questioning the correctness of the order of the Appellate Court dated 8.1.2015 which held that the revision application is not maintainable in view of the Full Bench decision of this Court in Bharatiben Shah Vs. Gracy Thomas, 2013 (2) Mh.L.J. 25.