bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION APPEAL APPEAL APPEAL FROM ORDER NO. 491 OF 2008 FROM ORDER NO. 491 OF 2008 FROM ORDER NO. 491 OF 2008 Mr.Wama Shakeel Ahmed Sundke ... Appellant v/s Mr.Aziz Ahmed Khan ... Respondent Mr.Girish Godbole for the appellant. Mr.Sanjiv A. Sawant for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 23RD JULY, 2008 23RD JULY, 2008 23RD JULY, 2008 P.C. P.C. P.C.: 1. The order challenged in this appeal is passed on 21.2.2008 by the Civil Judge, Sr. Division, Pune in Special Civil Suit No.268 of 2006. The appellant-plaintiff had filed the suit for specific relief. The plaintiff had prayed that the M.O.U. between her and the defendant be executed. 2. The Trial Court has found that the defendant had obtained an order of eviction against the plaintiff’s husband on 4.3.2006 from the competent authority under the Maharashtra Rent Control Act. The husband of the plaintiff had not disclosed in those proceedings that the M.O.U. had been executed in 2002 with the defendant 2 in respect of the same premises. The Trial Court, in my opinion, has rightly dismissed the application for eviction. Apart from this, the writ petition filed by the husband against the respondent herein in respect of the eviction has also been dismissed by this Court on 18.6.2008. 3. In the circumstances, the appeal is dismissed. 4. In view of dismissal of the appeal from order, the Civil Application No.569 of 2008 also stands dismissed.