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Bombay High CourtIA/14042/2023allowed

Satappa Alias Anil Mahadev Donage And ORS v. Subhash Baburao Vasagdekar

2023-12-21Hon'Ble Justice Sharmila U. Deshmukh2 pages

2023:BHC-AS:39312 902 ia-14042-23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14042 OF 2023 IN CIVIL REVISION APPLICATION NO. 222 OF 2021 Satappa @ Anil Mahadev Donage.

...Applicant.

Versus

Subhash Baburao Vasagdekar.

...Respondent.

------ Mr. Bhushan Walimbe for the applicant.

Mr. Umesh Mankapure for the respondent.

------ Coram : Sharmila U. Deshmukh, J.

Date : December 21, 2023.

P. C. :

1.

Interim application has been preferred seeking deposit of interim compensation as a condition of stay, in exercise of powers under Order-41 Rule-5 of CPC.

2.

It is not necessary for this Court to go into merits of the matter as the parties have agreed to a figure of Rs.14,000/- per month to be deposited in trial Court from date of decree of eviction, i.e., 8th June 2011. Arrears to be deposited within a period of three months from today. For every succeeding month, interim compensation shall be deposited on or before 15th day of the month. In case of two Patil-SR 1 of

902 ia-14042-23.doc consecutive defaults, the respondent will be entitled to apply for vacating the stay granted by this Court.

3.

Interim application stands disposed of.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of