Shambhu Prasad Mistry v. Lalit Valjibhai Patel And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13003 OF 2023 IN FIRST APPEAL (ST) NO. 25958 OF 2021 WITH INTERIM APPLICATION NO. 13674 OF 2023 Shambhu Prasad Mistry ...

Appellants/Applicants V/s.

Lalit Valjibhai Patel and Ors.

...

Respondents ------------------- Mr. J.S. Shukla, for the appellants/applicants. Mr. V.S. Kapse with Freddy Bhadha, for the respondents. --------------------- CORAM : KISHORE C. SANT, J.

DATE : 6TH FEBRUARY, 2024.

PC:

1.

By order dated 12th July 2022, this Court had given time to pay arrears of rent and compensation of Rs.47,76,000/- and matter was adjourned to 2nd August 2022.

2.

It is submitted that though the order is passed long back, no amount is deposited. Today, the learned advocate for the applicant has produced Demand Draft of Rs. 5 lakhs, bearing No. 388239 and he has handed over the same to the learned advocate for the respondent. 3.

Learned advocate for the respondent submits that 30-ia-13003-2023 in fast-25925-2021.doc varsha

acceptance of D.D. is without prejudice the to rights and contentions of the parties. He submits that even now no entire amount is paid as per the order dated 12th July 2022. Learned advocate for the applicant submits that he will clear the entire amount by end of 31st March 2024. 4.

This Court would consider this application only after the entire amount is deposited. If balance amount out of total amount is not deposited by 31st March 2024, the Executing Court shall proceed with the matter as it is reported that the execution is not proceeded because of pendency of this appeal.

5.

Subject to that, appeal shall stands restored on depositing the remaining amount.

6.

Interim application stands disposed of.

(KISHORE C. SANT, J) 30-ia-13003-2023 in fast-25925-2021.doc varsha