IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

WRIT PETITION NO. 6371 OF 2009

Dattu S/o Shravan Nemade .. Petitioner

Versus

Gurdeepsing @ Billa Sarbat Singh .. Respondent

Ms. Seema T. Pawar, Advocate h/f Shri A. G. Talhar, Advocate for the Petitioner. Shri Sk. Mohammad Naseer, Advocate for the Respondent.

CORAM : S. V. GANGAPURWALA, J. DATE : 28TH JANUARY, 2014.

PER COURT :

. The application for additional issue is rejected. According to the learned counsel for the petitioner, the application is filed for recovery of possession U/Sec. 23 of the Maharashtra Rent Act. The applicant has not filed certificate U/Sec. 23(1)(B)(C) of the said Act. The applicant claims to have become landlord by way of succession and respondent is successor in interest, as such additional issue is required to be framed.

2. Mr. Shaikh, the learned counsel for the respondent supports the order and submits that said issue is not relevant for determination of the dispute between the parties. The Court has rightly passed the order.

3. The issue has to be framed with regard to the pleadings of the parties. There appears to be pleading in the said regard. In the light of the above, the impugned order is set aside. The authority shall frame the issue as proposed in the application filed by the present petitioner as proposed by the petitioner in para 5 of his application and decide the same along with other issues expeditiously. The writ petition is accordingly disposed of. No costs.

[ S. V. GANGAPURWALA, J. ]

bsb/Jan. 14