1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 323 OF 2003 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Mr. Wani, learned counsel for the applicant. None appears for the respondents though served. This Revision Application is filed challenging the order dated 25.7.2003 passed below Exh.19 in R.C.S. No. 54 of 2000. The respondents herein filed R.C.S. No. 54 of 2000 for possession, mesne profits and with other prayers. In the said suit, revision applicant filed an application Exh.19 with a prayer that the suit filed by the landlord is under the provisions of Section 13(1)(1) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947. In the said application, it was stated that since the old act is repealed and the Maharashtra Rent Control Act, 1999 is in operation, which has come in force w.e.f. 31.3.2000 and the suit is filed on 31.3.2000. The said suit will be governed by the provisions of Maharashtra Rent Control Act, 1999. 2 It appears that the learned IIIrd Joint C.J.J.D. and J.M.F.C. Bhusawal without assigning any reason, has rejected the application on the ground that the same would be heard and considered at the time of final hearing of the suit. It is also observed by the learned Judge that the written statement is yet to be filed by the applicant, who is original defendant. On perusal of the impugned order, I find that it suffers from non application of mind and the same is passed without assigning any reason. It was open for the learned Judge to go into the legal questions raised by the applicant and after deciding the said to proceed further with the suit. Since the impugned order is without assigning any reasons the same is quashed and set aside. Application Exh.19 is restored to its original position. The concerned Court to hear the said application and decide it on its own merits, within two months from the date of receipt of copy of this order. Civil Revision Application is allowed to the above extent. Needless to mention that the concerned court shall not proceed with the hearing of the suit unless application below Exh.19 is finally decided. (S. S. SHINDE. J.) Date:24.09.2010. rlj/ 3