: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.2 OF 2010 ALONGWITH CIVIL APPLICATION NO.7 OF 2010 Manik Baburao Bamne .. Appellant V/s. Nahar Construction .. Respondent Mr. R.A. Thorat for the Appellant. Mr. Arif Bookwalla, Sr. Advocate, with Mr. Ankit Lohia i/b. M.L. Chaturvedi for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 22 ND MARCH, 2010. P.C.: 1. The First Appeal has been preferred against the Judgment and Order dated 20th November, 2009, passed by the City Civil Court, Bombay in L.C. Suit No. 3765 of 1982. A Suit was filed by the Plaintiff, i.e. the respondent herein, contending that the appellant was a tresspasser and, therefore, sought possession of the suit property from the appellant. The Suit has been decreed. It appears that the reason for filing the Suit was that the appellant had, by a letter addressed to the respondent, claimed that he was a tenant of the suit property. : 2 : 2. The wife of the appellant Smt. Laxmi Manik Jadhav @ Bamne has filed R.A.D. Suit No.1411 of 2009 before the Small Causes Court, Bombay, for a declaration that she is a tenant. Parties have been directed to maintain status-quo till final disposal of the Suit. 3. In my view, the present Suit and the First Appeal therefrom has become infructuous in view of the fact that the wife of the appellant is now claiming to be the tenant in the suit premises. 4. The First Appeal is dismissed, however, the Small Causes Court, Bombay, will decide the R.A.D. Suit No.1411 of 2009, uninfluenced by any observations or findings of the City Civil Court, Bombay, in L.C. Suit No.3765 of 1982 dated 20th November, 2009. 5. In view of the above, Civil Application No.7 of 2010 does not survive and the same is dismissed as infructuous.