SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4777 OF 1989 WITH CIVIL APPLICATION NO.1849 OF 2005 Murli Kishanchand Melwani, since deceased by his legal heirs. 1. Roma Murli Melwani, since deceased through her heirs 2. Dilip Murli Melwani & Ors. ...Petitioners Versus Shyam Bhagwandas Kewalramani, since deceased by his legal heirs: 1) Mrs.Mohani Shyam Kewalramani, since deceased through her heirs and L.R. : 2) Miss.Lalita Shyam Kewalramani & Ors. ...Respondents ...... Mr.Dilip Murli Melwani, Petitioner No.2 present in-person. Mr.S.M.Kamble for Petitioners. Mr.Umesh Mankapure for Respondent No.4. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. SEPTEMBER 10, 2008. SEPTEMBER 10, 2008. SEPTEMBER 10, 2008. P.C. P.C. P.C. 1. Mr.Kamble, Advocate pressed for discharge, : 2 : as the Petitioner No.2 Mr.Dilip Murli Melwani, wants to appear in-person. 2. In the circumstances, the appearance of Mr.Kamble, Advocate be effaced from the record, as he is discharged. 3. This Writ Petition is filed by the landlord questioning the self-same Judgment and Decree passed by the IVth Additional District Judge, Pune dated 30th September 1988 in Civil Appeal No.476 of 1984, whereby, the Appeal preferred by the Respondents/tenants was partly allowed. The Appellate Court was pleased to overturn the finding and decree recorded by the Trial Court against the Respondents/tenants in relation to ground of eviction under Section 13(1)(b) of the Act. 4. Since by separate order, the Writ Petition being W.P.No.5988/1988 preferred by the tenant has been dismissed and the decree of eviction on the ground of wilful default committed by the tenant under Section 12 has been upheld, it is unnecessary : 3 : to examine the controversy raised in the present Writ Petition as well as companion Application. Both these proceedings are disposed of accordingly. A.M.KHANWILKAR, J.