CRA. 587-11 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION No. 587 OF 2011 Mahendra Bhupatrai Gandhi ... Applicant Vs. Ramesh D. Shah ... Respondent *** Mr. S. V. Pandey i/b M. G. Gawde, for the Applicant. *** CORAM : V. M. KANADE, J. DATE : AUGUST 10, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicant. The applicant is the original tenant. The decree of eviction was passed in favour of the respondent landlord, by the trial court which was confirmed by the lower appellate court. The decree also has been executed and possession has been taken by the respondent/ landlord. It is submitted that both the courts below had erred in holding that writ of summons was duly served on the petitioner/ tenant. It is submitted that petitioner’s wife used to reside in the suit premises and in support of that an electricity bill was produced. It is submitted that both the courts below accepted the bailiff’s report CRA. 587-11 - 2 - regarding pasting of writ of summons on the suit premises. 2. It is, therefore, submitted that the impugned orders passed by both the courts are liable to be set aside. In my view, it is not possible to accept this submission since both the courts below have, after taking into consideration the evidence on record, given a finding that the applicant was duly served. It will not be possible to interfere with this concurrent finding of fact. The lower appellate court has also taken into consideration the judgments of the Apex Court on this question and thereafter has considered the facts of the present case and has confirmed the order of trial court. Civil Revision Application is, therefore, dismissed. [ V. M. KANADE, J.]