Bharati Uttamchand Jain And ANR v. Neha Vijay Malik And ORS

2023:BHC-AS:37513 17-WP-7009-2023.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7009 OF 2023 Bharati Uttamchand Jain & Anr.

...Petitioner

Versus

Neha Vijay Malik & Ors.

...Respondents

-------------------- Adv. Pradip R. Kadam for the Petitioner.

Adv. G. S. Bhat for Respondent No. 1.

--------------------- CORAM : SHARMILA U. DESHMUKH, J.

DATE : DECEMBER 12, 2023 P. C. :

1.

It is not necessary for this Court to go into the merits of the case in view of the consensus which has been fairly arrived by learned counsel for the parties that the interim compensation be fixed at Rs. 16,500/- per month.

2.

In view of the above, sub-clause (i) and (ii) of clause No. 2 in the order of the order dated 17th April, 2023 is modified to read as under: (i) The Appellants shall deposit in the Court compensation in respect of suit premises @ Rs. 16,500/- (Rupees Sixteen Thousand Five Hundred only) per month for the period from the date of Decree till 30.04.2023 in four equal installments on 30th December, 2023, 31st January, 2024, 28th

17-WP-7009-2023.doc February, 2024 and 31st March, 2024 by deducting already deposited amount.

(ii) The Appellants shall continue to deposit in the Court compensation of Disputed premises @ Rs. 16,500/- (Rupees Sixteen Thousand Five Hundred only) per month till disposal of the appeal on or before 15th day of each succeeding month.

3.

Writ Petition stands disposed of in the above terms. (SHARMILA U. DESHMUKH, J. )