Ramlal Ramsahai Gupta v. Rayees Ahmed Munshi Azizullah Ansari Nad ORS

6 cac147-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.147 OF 2016 IN CIVIL REVISION APPLICATION NO.116 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Mr.D.B.Savant i/b Mr.R.D.Vora for the applicant Mr.R.A.Shaikh for the respondent no.1 CORAM : K. K. TATED, J.

DATE : APRIL 5, 2016 P.C.:

Heard the learned counsel for the parties.

This application is preferred by tenant for fixing interim compensation in respect of suit premises i.e. premises no.2, Gr.floor, Rizwan Manzil, having municipal house no.10-10A, Kapad Bazar, Cross Road No.2, Mahim, G/N ward, Mumbai 400 016 admeasuring 415 sq.ft. @ Rs.3,500/- and not @ Rs.10,000/- as per the order dated 14.7.2015 passed by this court at the time of admitting the Civil Revision Application.

Both the counsel submit that ad-interim relief granted by this court on 14.7.2015 be continued till the hearing and final disposal of the Civil Revision Application. Hence, by consent, following order is passed:

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6 cac147-16 a) Applicant tenant is directed to deposit sum of Rs.10,000/- as interim compensation as per order dated 14.7.2015 passed by this court till the hearing and final disposal of the Civil Revision Application.

b) In addition to compensation, applicant tenant to deposit rent amount in Trial Court on or before 10th of each month.

c) It is made clear that if the applicant makes any two defaults in depositing the amount of compensation and or rent, interim protection granted in favour of applicant tenant shall stand vacated without referring back to the court and in that case, respondent landlord is entitled to execute the decree according to law.

d) Respondent landlord is permitted to withdraw the rent amount without furnishing any security.

e) Civil application stands disposed off accordingly.

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