Pannala Jainath Gupta And ORS v. Gunmala Gendamal Jhaveri And ORS

936 wp.5243.16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5243 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.P. Oza i/b A.K. Singh for the Petitioners. Mr. Mohd. Akram Bastivi for Respondent Nos.1 & 2. CORAM : K.K. TATED, J.

DATE : 05 MAY, 2016.

P.C. :

Heard learned counsel for the parties.

The learned counsel Mr. Bastivi states that he received instructions to appear on behalf of respondent Nos.1 and 2. He undertakes to file his vakalatnama. The same is accepted.

By this petition under article 227 of the Constitution of India, petitioners-defendants challenges the order dated 29.03.2016 passed by the Appellate Bench of Small Causes Court below Exhibit-7 in Appeal No.42 of 2011 directing the tenant to deposit compensation in respect of the suit premises @ Rs.7,000/- per month from the period w.e.f. 01.03.2016 and onwards till disposal of the Waghmare 1/2

936 wp.5243.16.doc Appeal on or before 10th day of each succeeding month in the Court.

After argue for some time, learned counsel for the petitioners submits that the petitioners may be permitted to withdraw the present Writ Petition. To that effect he has given in writing on farad. Same is accepted and taken on record and marked 'X' for identification. The learned counsel for the petitioners submits that petitioners time to comply the order dated 29.03.2016 below Exhibit-7 may be extended. Considering above mentioned facts, the following order is passed :

a) Writ Petition is dismissed as withdrawn with no order as to costs.

b) Time to deposit the arrears of compensation as per order dated 29.03.2016 till the month of June 2016 is extended till 05.07.2016. (K.K. TATED, J.) Waghmare 2/2