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Judgment
Vaibhavi D. Nanavati, J
Heard Mr. Vishal C. Mehta, the learned counsel appearing for the appellant.
The appellant herein has filed the present Appeal From Order under Order 43 Rule of the Civil Procedure Code being aggrieved and dissatisfied by the order dated 06.08.2021 passed below Exh.6/7 by the City Civil Court, Ahmedabad in the Civil Suit No.417 of 2021. The respondent is the original plaintiff and tenant of the suit property and the present appellant is the owner of the suit property. The Court below by way of interim relief below Exh.5 has directed that the plaintiff be permitted to continue to carry out activities in the suit premises (Pre-Primary School).
Mr. Mehta, the learned counsel appearing for the appellant submits that the Court below ought to have considered that, without prejudice to the rights and contentions, the appellant is ready and willing to renew the rent agreement up to a period of May - 2022, subject to payment of arrears of license fee by the respondent to the appellant and assurance of regular payment to be made by the respondent. Mr. Mehta, further submitted that on one hand the respondent is enjoying/using the suit premises and on the other hand, she is in the arrears of license fee as agreed between the parties.
Issue Notice returnable on 17.12.2021. Direct service is permitted.