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Bombay High CourtIA/17063/2022allowed

Raghunath Rajvantha Sharma Deceased Thr. Lrs. Asha Ajay Vishwakarma v. Chhotubhai Lallubhai Bhatada (Since Deceased) Thr. Lrs. Dilip Chhotubhai Bhatada

2022-08-22Hon'Ble Shri Justice Nitin W. Sambre2 pages

61 IA-17063-2022.odt BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17063 OF 2022 by BHARAT DASHARATH PANDIT Date: 2022.08.25 13:56:49 +0530 IN CIVIL REVISION APPLICATION NO.657 OF 2012 Raghunath Rajvantha Sharma through Lrs Asha Ajay Vishwakarma and Anr .... Applicants.

In the matter between Raghunath Rajvannath Sharma .... Applicant V/s 1a. Dilip Chhotubhai Bhatada and Ors.

.... Respondents.

---- Mr. Dishang Shah i/b Piyush M. Shah for the Applicants. Ms. Aditi Naikare i/b P.J. Thorat for the Respondents. ---- CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 22, 2022 P.C.:- 1] This is an Application with prayer for restoration of the Civil Revision Application, which was dismissed on 2/12/2019. 2] Counsel for the non-applicant submits that from 2019 for about 44 months, arrears are not cleared. Arrears of rent is to the tun of Rs 1.54 lakhs. He would further urge that aforesaid facts are borne out from the record, she having inspected the same. Counsel for the nonapplicant is at liberty to file an affidavit demonstrating arrears. 1/2

61 IA-17063-2022.odt 3] Counsel for the Applicant submits that Applicant shall deposit an amount of Rs 50,000/- in one go within one week from today. He has appeared with the cheque of Rs 50,000/- in the name of Registrar (Appellate Side). Statement is accepted.

4] Counsel for the Applicant further submits that as far as arrears are concerned, same shall be tried to be cleared in the next six months. An undertaking giving schedule of payment will be filed within a period of two weeks from today.

5] In view of above, Civil Revision Application is restored to the file.

6] Interim Application is accordingly allowed.

( NITIN W. SAMBRE, J. ) 2/2