Kadalavalapil Abdul And ANR. v. Chainrai Bulchand Bhambhra And ORS.

5.1120.14-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1120/2014 IN WRIT PETITION NO.2150/2001 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mani Thevar i/b. M/s. Mahesh Menon & Co.

for the petitioner Mr. I. K. Tripathi i/b. L.K. Tripathi for the respondent Nos.1 to 3.

CORAM : K. K. TATED, J.

DATE : APRIL 6, 2016 P.C.:

1.

Heard. This Application is made by the tenant for permission to deposit the arrears of rent in respect of the suit premises. This court, by order dated 13.08.2015 granted some time to deposit the arrears of rent along with compensation @ Rs.20,000/- pm w.e.f. 01.01.2010.

2.

The learned counsel for the applicant tenant submits that the said order was communicated to the tenant however, till today, same is not complied with. As the applicant tenant failed to comply with the order dated 13.08.2015, nothing survives in the Civil Application. Hence, same stands rejected for non compliance of order dated 13.08.2015. Basavraj G Patil 1/2

5.1120.14-caw 3.

As the applicant failed and neglected to deposit the arrears of rent along with compensation as per order dated 13.08.2015, interim protection granted by this court (Coram : A. S. Oka, J.) on 21.01.2010 stands vacated.

4.

It is made clear that in view of dismissal of the Civil Application and vacating interim protection granted by this court on 21.01.2010, respondent plaintiff is entitled to execute the decree according to law.

JUDGE Basavraj G Patil 2/2