1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1281 OF 2006 CIVIL APPLICATION NO. 1281 OF 2006 CIVIL APPLICATION NO. 1281 OF 2006 in WRIT PETITION NO. 4401 OF 1999 WRIT PETITION NO. 4401 OF 1999 WRIT PETITION NO. 4401 OF 1999 Shri Vijay Kesarinath Somane ...Petitioner (Org.Applicant) Versus 1. Kirankumar Ratanchand Mehta 2. Sadanand Kesarinath Somane ..Respondents (C.A. stand dismissed against R.No.1 as per Court’s conditional order dated 3.8.07.) Mr. Sachin Gite, i/b. Mr.P.M.Pradhan,Advocates,for the petitioner. None for the respondent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 5th December,2008. DATE: 5th December,2008. DATE: 5th December,2008. P.C. P.C. P.C. 1. Heard Mr. Sachin Gite, the learned Counsel for the petitioner. None for the respondent, though served. 2 2. The petitioner had filed Case No.25/93 for eviction under Section 13A(2) of the Bombay Rent Act,1947 contending that the respondents are the licensees, while according to the respondents, they have become deemed tenants. The plea of the respondents was accepted and the case was rejected. The petition has been filed by the original landlord challenging that order. 3. By this Application, the petitioner has sought direction against respondent No.1 to pay arrears of rent/license fee. However, the record reveals that the Application has already been dismissed in respect of respondent No.1 due to non-compliance of the conditional order dated 3.8.2007. Therefore, this Application has become infructuous and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)