KVM 1/3 27 - WP 1168 OF 1997.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1168/1997 ALONGWITH INTERIM APPLICATION NO. 16162/2023 ALONGWITH CIVIL APPLICATION NO. 2587/2017 IN WRIT PETITION NO. 1168/1997 SHRI SHYAM NARAYAN RUDRAKAR ….. PETITIONER VS SHRI SURESH GANGARAM KHALADKAR & ORS. ….. RESPONDENTS Adv. Tejas Deshmukh a/w. Adv. Omkar Somvanshi i/b. Adv. Sagar Kursija for the Petitioner. Adv. Balasaheb Deshmukh for the Respondents. CORAM : RAJESH S. PATIL, J. DATE : 2 JULY, 2026 P.C. :- 1) The present writ petition is filed by the petitioner, challenging the concurrent findings recorded by the Trial Court and the Appellate Court of eviction on the ground of bona fide requirement. 2) The suit premises is ground floor premises admeasuring about 120 sq.ft. located at Kasba Peth, Pune where the petitioner is running a furniture shop. It is the case of the plaintiff – respondent KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.07.07 20:07:21 +0530 KVM 2/3 27 - WP 1168 OF 1997.doc that they require the suit premises for their residence and for their business. As far as the business is concerned, it is the case of the plaintiff that the plaintiff no.3 requires it for performing ‘Riyaz’ as he is from ‘Sanai’ player. 3) Though, the requirement of the plaintiff is for composite purpose, for business and residence, since the suit premises is a commercial premises, I am considering only the suit premises requirement for a commercial purpose. There is specific case of the plaintiffs that they require the suit premises for plaintiff no.3 for performing “Riyaz”. So also, it has come on record that the petitioner – tenant is owning a building consisting of three floors, which the petitioner is using as a lodge. 4) Further, it has come on record that during the pendency of the suit, the plaintiff got possession of one more premises, which is admeasuring around 80 sq.ft.. As far as the findings recorded as far as requirement of other plaintiffs is concerned, with regard to residence, I am not going into that issue as I am only considering the requirement of the plaintiff for the purpose of commercial use i.e. for the use of performing “Riyaz” for the plaintiff no.3. 5) Considering the fact that the defendants themselves have their own building of three floors, where they are running a lodge, I KVM 3/3 27 - WP 1168 OF 1997.doc am of the view that ground of bona fide requirement as held by the Trial Court and the Appellate Court needs to be confirmed. The findings as regard to suppression of one room received by the plaintiffs, which is residential room, will not make much difference in the present proceedings as the size of the said room is 80 sq.ft. Hence, I find no merit in the present writ petition. 6) Writ petition stands dismissed. 7) Two months time is granted to the petitioner to vacate the suit premises. 8) At this stage, Mr.Tejas Deshmukh, learned advocate appearing for the petitioner seeks stay of the present judgment and order for a period of six weeks. Mr.Deshmukh, learned advocate appearing for the respondent has opposed this application on the ground that the petitioner is not using the same. 9) Since I have already granted two months time to the petitioner to vacate the suit premises, request made by the petitioner is rejected. 10) Pending civil applications/ interim applications also stand disposed of. [RAJESH S. PATIL, J.]