Mrs. Agnes Dias v. Shri. Humayun Dhanrajgir

KJ 1/2 wp2342.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2342 OF 2015 Mrs.Agnes Dias )... Petitioner V/s.

Shri Humayun Dhanrajgir )... Respondent ---- Mr.Tushar Dahibawkar i/by Dahibawkar & Co. for the petitioner. ---- CORAM: K.R.SHRIRAM, J.

DATED : 9.3.2015.

P.C. :

The petitioner has challenged the judgment of the appeal bench dated 11.2.2015 in which the appeal bench was pleased to stay the execution of the decree subject to the petitioner's depositing sum of Rs.20,000/- per month towards arrears of interim compensation from March-2013 to February-2015 within a period of 4 months and continue to deposit the amount of Rs.20,000/- per month for ensuing month on or before 10th day of each month. The petitioner was also directed to deposit Rs.65/- per month towards arrears of rent from March-2013 to February-2015 and also continue to deposit rent at the rate of Rs.65/- per month for every succeeding month on or before 10th day of each succeeding month.

KJ 2/2 wp2342.15 The appeal court has granted liberty only to withdraw the arrears of rent and not the interim compensation. I have considered the impugned judgment. I find no infirmity in the findings of the appeal bench. Moreover, the respondent has not been permitted by the appeal bench to withdraw the amount of Rs.20,000/- that is being deposited as compensation. Therefore, no prejudice whatsoever would be caused to the petitioner.

Writ petition therefore, stands rejected.

(K.R.SHRIRAM, J.)