Shri. Hanumant Gopal Deshmukh v. Shri. Shantaram Sakharam Rangale (Since Deceased) Thr. Lrs.

16 CA-392-19.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.392 OF 2019 by BHARAT DASHARATH PANDIT Date:

2022.06.25 12:26:08 +0530 IN CIVIL REVISION APPLICATION NO.688 OF 2011 Shri Hanumant Gopal Deshmukh .... Applicant.

V/s Shri Shantaram Sakharam Rangale Since deceased through his L.Rs.

1(1) Smt. Laxmi Shantaram Rangle and Ors.

.... Respondents.

--- Mr. Chetan Shah i/b Mr. Sandesh D. Patil for the Applicant in CAC/392 of 2019.

Mr. Santosh S. Musale for the Applicant in CRA/688/2011. --- CORAM: NITIN W. SAMBRE, J.

DATE: JUNE 23, 2022 P.C.:- 1] Heard 2] Prayer is for vacation of the interim protection in favour of the Respondent-judgment debtor who suffered decree of eviction on the ground that condition on which protection is granted is not complied with.

3] It is claimed that amount for the months of December, 2018, February 2019, April 2019 and June, 2019 were deposited after expiry 1/2

16 CA-392-19.doc of the period scheduled by this Court 4] Respondent-judgment debtor would urge that, admittedly, there is delay in depositing the amount. However, judgment debtor cannot be blamed for the same as judgment debtor was armed with the amount and permission was granted by the Court below to deposit the same on scheduled date, so also attempts were made to deposit the same earlier.

5] In view of the above submission, I hardly see any reason which calls for vacation of interim relief.

6] Application stands rejected.

7] Liberty to parties to mention for expeditious hearing after four months.

( NITIN W. SAMBRE, J. ) 2/2