1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICAITON NO. 40 OF 2010 WITH CIVIL REVISION APPLICAITON NO. 41 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ These Civil Revision Applications take exception to the judgment and order 11.1.2010 passed, the District Judge, Nanded in HRCA No. 1 of 2004 and 2 of 2004. It appears that the appeals filed on behalf revision applicants were partly allowed by the lower appellate Court. It appears that the lower appellate court in para 33 of the impugned judgment, considering all facts has observed that the plaintiff bonafide require the suit property for his own need use and purpose. All other grounds, on which the appeal was preferred by the revision applicant was entertained and allowed, except this ground i.e. plaintiff bonafide require the suit property for his own need use and purpose. The main point which is agitated by the counsel appearing for the revision applicant is 2 that since the suit property itself is subject to Securitization proceeding initiated by the Bank and the said was put to the auction, very purpose of bonafide requirements is now vanished. This position is not disputed by the learned counsel appearing for the respondents. Learned counsel appearing for the respondents makes a statement on the basis of telephonic instructions received from his client that the suit property was the subject matter of Securitization proceeding and the same has already been auctioned. In this view of the matter, the contention of the counsel for the revision applicant is required to be accepted that very purpose of bonafide requirement of the original plaintiff is now vanished. In the light of this, these Revision Applications are allowed and disposed of. (S. S. SHINDE. J.) Date:24.09.2010. rlj/