Shamsuddin N. Bandar (Deceased Through Lrs.) v. Khairunbi Mohammad Bargir (Deceased Through Lrs.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1597 OF 2017 IN WRIT PETITION NO.2186 OF 1994 Shamshuddin Nabisaheb Bandaar ....
Applicants (since deceased) thru' legal heirs/ representatives Ralesia Bandaar & Ors.
Vs.
Khairunbi Mohammad Bargir ....
Respondents (since deceased) thru' her legal heirs/ representatives Hasina Farooq Bargir & Ors.
Mr. Manoj A. Patil, Advocate for the Applicants. Ms. Najma Sharif i/by R.M. Momin, Advocate for Respondent No. 1C.
CORAM : G.S. KULKARNI, J.
DATE : 13 JULY, 2017 P.C. :
By this application, the applicants/petitioners have prayed that they may be permitted to comply the directions of this court dated 24th March, 2017, whereby the court had directed the applicants/petitioners to deposit the compensation amount of
2/3 Rs.21,000/- at the rate of Rs.3,000/- per month before tenth day of each month till the petition is disposed of. The payment of compensation was to be commenced from 1st January, 2017 onwards. The arrears for the months of January, February and March were to be deposited within a period of two weeks. There was a further direction that the respondents were to be permitted to withdraw 50% of the compensation so deposited. It was directed that in default, the interim relief, will stand vacated without further reference to the court. The applicant for the reasons, which stated to be bonafide could not deposit the amount in the prescribed time ordered by this court, and therefore seeks extension of time to deposit the said amount. I have heard the learned counsel for the applicants as also the learned counsel for respondent no.1.
For the reasons set out in the application, which appear to be bonafide and in the interest of justice, time to deposit the amount is extended for a period of one week from today. On such deposit, all the directions contained in the order passed by this court on 24th March, 2017 shall continue to operate. The Civil Application is accordingly disposed of. No costs.
3/3 List the petition on the final hearing board in the week commencing from 24th July, 2017.
( G.S. KULKARNI, J.)