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2025 DAILYLAW 76032 (BOM)

RASHMI SURESH TENDULKAR ALIAS RASHMI TENDULKAR SAMAN v. MURALIDHAR KESHAV MATKARI AND ORS.

CRA/398/2022 · 2025-11-24

Gauri Godse

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

49-CRA-398-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 398 OF 2022 Rashmi Suresh Tendulkar Alias Rashmi Tendulkar Samant … Applicant Vs. Muralidhar Keshav Matkari And Ors. … Respondents Mr. Manish Pabale for the Applicant. CORAM : GAURI GODSE, J. DATED : 24th NOVEMBER 2025 ORDER: 1. Learned counsel for the applicant submits that the plaintiffs have carried out amendment to the suit seeking a prayer for possession. He submits that initially the suit was for injunction on the ground that plaintiffs are in possession. He further points out that the plaintiffs are claiming to be tenants of defendant nos.1 and 2. He submits that in view of the amended plaint, the applicants be granted leave to withdraw this application with liberty to file a fresh application before the trial Court. 2. Learned counsel for the plaintiffs submits that the Civil Court’s jurisdiction shall be barred as the plaintiffs are claiming to be tenants in respect of the suit property. Page no. 1 of 2 MJ Jadhav MANGALTAI JAYWANT JADHAV Digitally signed by MANGALTAI JAYWANT JADHAV Date: 2025.11.25 15:04:55 +0530 49-CRA-398-2022.doc 3. The copy of amended plaint is tendered by the learned counsel for the applicant, which is taken on record. 4. The applicants are permitted to withdraw this civil revision application with liberty to file a fresh application under Order VII Rule 11 of Civil Procedure Code before the trial Court in view of the amended plaint. 5. All rival contentions of the parties are kept open. 6. Civil Revision Application is disposed of as withdrawn with the liberty as recorded above. (GAURI GODSE, J.) Page no. 2 of 2