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Bombay High CourtAO/469/2019

Yashoda Maruti Sonawane v. Sangeeta Sanjay Sonawane And ANR

2019-09-09Hon'Ble Shri Justice S.C. Gupte2 pages

sg 1/2 ao469-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.469 OF 2019 WITH CIVIL APPLICATION (STAMP) NO.536 OF 2019 IN APPEAL FROM ORDER NO.469 OF 2019 Yashoda Maruti Sonawane ...Appellant vs.

Sangeeta Sanjay Sonawane And Anr.

...Respondents

......

Mr. Sanjiv Sawant, a/w. Mr. Rutu Pawar, i/b. Mr. Abhishek P. Deshmukh, for the Appellant.

Mr. Laxminarayan Shukla, i/b. MKS Legal Associates, for Respondent No.1.

.......

CORAM : S.C. GUPTE, J.

DATED : 9 SEPTEMBER 2019 P.C. :

.

After the matter is heard at some length, it is agreed between learned Counsel for the parties, after taking instructions from their respective clients, that the appeal from order can be disposed of in terms of the following order. It is ordered accordingly as follows: (i) The Appellant shall offer to take on rent/licence fee, a flat admeasuring 300 sq. ft. carpet area in the vicinity of the suit premises, namely, Flat No. 203, 2nd Floor, Milan Enclave, Telang Co-Operative Housing Society Limited at Jogeshwari East in Mumbai.

sg 2/2 ao469-19.doc (ii) The entire rent/licence fee, including deposit, if any, shall be borne by the Appellant.

(iii) Upon such flat being rented out by the Appellant, Respondent No.1 shall vacate the suit premises, referred to above, and shift to the premises arranged by the Appellant. Respondent No.1 shall continue to occupy the premises arranged for her by the Appellant during the pendency of the suit. The rent/licence fee of the premises shall be continued to be borne by the Appellant. This arrangement shall operate as an adhoc interim arrangement and shall be subject to the outcome of the suit.

(iv) Hearing of the suit is expedited. The City Civil Court at Dindoshi is requested to dispose of the suit as expeditiously as possible and preferably within a period of one year from today. 2.

The appeal from order is disposed of in the above terms. Liberty to apply.

3.

In view of the disposal of the appeal from order, the civil application does not survive and the same is disposed of. Smita Gonsalves Smita Gonsalves Date: 2019.09.17 17:42:37 +0530 ( S.C. GUPTE, J. )