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Bombay High CourtWP/1182/2021disposed off

Bharati Naishadkumar Curumsey And ANR v. Niraj Shailesh Gandhi And ORS

2021-06-30Hon'Ble Shri Justice M. S. Karnik2 pages

20. wp 1182.21.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1182 OF 2021 Bharati Naishadkumar Curumsey and anr. ....Petitioners Vs.

Niraj Shailesh Gandhi and ors.

..... Respondents Mr.R.M.Haridas, for the Petitioners.

Mr.Prasad Dani, Senior Advocate i/b Mr.Omprakash Kamwal, for the Respondents.

CORAM :

M. S.KARNIK, J.

DATE :

30th JUNE, 2021 P.C. :

.

Heard learned Counsel for the Petitioners. It is pointed out that in terms of the order dated 28/04/2021 passed by this Court, an amount of Rs.6,00,000/- has been deposited towards the compensation as directed by the Appellate Court. Mr.Haridas on instructions of the Petitioner submits that further a sum of Rs.6,00,000/- towards the arrears of compensation will be deposited within a period of 4 weeks from today. Statement is accepted. So far as the balance amount is concerned, he submits on instructions that the said amount will be deposited 1/2

20. wp 1182.21.doc within a period of 9 months from today. Statement is accepted. 2.

Learned Senior Advocate Shri Dani appearing on behalf of the Respondent - landlord submits that the Suit for eviction is of the year 1992 which came to be decreed in 2018. Appeal is pending from 2018. He submits on instructions that the Respondents will be satisfed if the Appeal itself is heard expeditiously as what is under challenge in this Appeal is an interim order of deposit of the compensation of the Appellate Court. The suggestion is reasonable. Considering that the Suit is of the year 1992, the Appellant Court is requested to dispose of the Appeal expeditiously and in any event, within a period of 9 months from today. The parties undertake to appear before the Appellate Court along with copy of this order on 05/07/2021 to enable the Appellate Court to further fx the schedule of the Appeal. The parties undertake to co-operate with the Appellate Court for the expeditious disposal of the Appeal and will not seek unnecessary adjournments.

3.

Writ Petition is disposed of in the above terms. (M.S.KARNIK, J.) 2/2