1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.10621 OF 2009 Smt.Rajul Kadri ...Petitioner vs. Prayasvin Bhanubhai Patel ...Respondent Mr.Dakshesh Vyas i/b Mr.D.S.Sabnis for the petitioner Mr.Nushrat Shah with Mr.Mohan Salian with Mr.Mayur Shetty i/b M/s.Gagrat for the respondent CORAM :A.S.OKA,J. DATE : MAY 7, 2010 P.C.: 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent. The learned counsel for the respondent states that without prejudice to the rights and contentions of the respondent and without admitting the rights claimed by the petitioner, the respondent has no objection if interim notice no.1123 of 2001 in the application for fixation of standard rent is made absolute. The learned counsel for the respondent states that the issue of the status claimed by the petitioner and the issue of right of the petitioner of prosecuting the application for standard rent be specifically kept open and the respondent be permitted to raise the said contentions by filing additional reply/written statement to the application for standard rent. 2 The suggestion made by the learned counsel for the respondent is reasonable. Hence, the petition need not be kept pending and the same is disposed of by passing the following order : 2 i) Impugned orders dated 3 rd October 2009 and 18th/20 th February 2002 are quashed and set aside and the interim notice no.1123 of 2001 in R.A.N Application No.1035/SR of 1971 is made absolute. ii)It is made clear that the notice has been made absolute without prejudice to the rights and contentions of the respondent. Notice has been made absolute by keeping all contentions of the respondent open. It will be open for the respondent to contend that the petitioner has no locus to prosecute the application for standard rent and he is not entitled to claim status as a tenant in respect of the suit premises. It will be open for the petitioner to raise the said contentions by filing additional reply/written statement to the application for fixation of standard rent. iii)The R.A.E.Suit no.419/2440 of 1976 as well as the standard rent application shall be decided by the trial Court as expeditiously as possible and in any event on or before end of October 2010. The petitioner is directed to co-operate with the trial Court for expeditious disposal of the suit. iv)All contentions of the parties on merits are kept open. v) The Rule is made absolute on above terms with no order as to costs. JUDGE 3