1 cra146.04 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 146 OF 2004 WITH CIVIL REVISION APPLICATION NO. 147 OF 2004 [ Bhagchand Pannalal Bothara vs. Smt. Pramilabai Purushottam Bhatiya & Anr.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.N. Navandar, Advocate for applicant. Mr. S.P. Deshmukh, Advocate holding for Mrs. C.S. Deshmukh, Advocate for Resp.No.2. CORAM : S.S. SHINDE, J. DATE : 23RD JUNE, 2011 PER COURT : Heard learned Counsel for the applicant and learned Counsel appearing for the respondent No.2. 2. According to learned Counsel appearing for the applicant and also learned Counsel appearing for the respondent No.2, 2nd Adhoc Additional 2 cra146.04 District Judge, Aurangabad, who passed the impugned judgment and order, was not competent in view of the judgment of this Court in the case of Carona Limited and another vs. Arunchandra Hiralal Kapadia reported in 2005(Supp.) Bom.C.R. 283. appeal can only be heard by District Judge under section 25 of the Hyderabad Control Act. 3. Since both the sides have agreed for remitting the matter back to the Principal District Judge, Aurangabad for fresh hearing, the impugned judgment and order of the 2nd Adhoc Additional District Judge, Aurangabad passed in Rent Appeal Nos.9 of 1993 and 10 of 1993 dated 16-04-2004 is quashed and set aside. 4. Rent Appeal Nos.9 of 1993 and 10 of 1993 are restored to their original file. The Principal District Judge, Aurangabad to 3 cra146.04 hear and dispose of the said appeals within three months from the receipt of the order passed by this Court. 5. Civil Revision Applications stand disposed of. 6. Record and Proceedings, if any, be sent back forthwith to the Court of the Principal District Judge, Aurangabad. 7. Any Civil Application pending in these Civil Revision Applications would not survive, therefore, same stands disposed of. [S.S. SHINDE, J.] sut/JUN11