Arun Nagappa Kotian And Others. v. Harbhajan Singh N. Garcha And Others.

Tapadia RR/P.1 1/3 CAC/456/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 456 OF 2016 IN CIVIL REVISION APPLICATION NO. 917 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.V.R.Tripathi, Advocate for Applicants.

Ms. Aditi Naikare i/b Mr P.J.Thorat, Advocate for Respondent no.2.

CORAM: R.G.KETKAR, J.

DATE : 25/07/2016 PC:

1.

Not on board. At the request of Mr.

Tripathi, taken up in production board.

Heard Mr. V.R.Tripathi, learned counsel for the applicants and Ms. Aditi Naikare, learned counsel for the respondent no.2.

2.

Mr. Tripathi submitted that by order dated 26.4.2016, Civil Revision application was admitted and interim relief in terms of prayer clause (b) was granted. The applicants are directed to deposit sum of Rs.5000/- per month by way of interim compensation in the trial

2/3 CAC/456/2016 Court from 31.1.2009, being the date of the judgment and decree of the trial Court. The said clause was modified and the applicants are directed to deposit compensation from the date of the decree passed by the appellate court. He submitted that in addition to interim compensation, the applicants are also directed to deposit/pay regular rent at the rate of 225/- per month in the trial Court on or before 10th day of each month, failing which interim protection shall stand vacated without further reference to the Court.

3.

Mr. Tripathi submitted that inadvertently the applicants did not deposit rent for three months, namely, May, June and July 2016. He assures that within two weeks from today, the applicants will deposit the amount under intimation in writing to respondent no.2.

4.

Ms. Naikare has no objection.

5.

In view thereof, by consent, Civil application is allowed in terms of prayer

3/3 CAC/456/2016 clause (a) with no order as to costs.

6.

The applicants will deposit rent from May 2016 in the trial court under intimation in writing to the Advocate for the second respondent within two weeks from today. It is made clear that in case the amount is not deposited within two weeks from today, the interim order shall stand vacated without further reference to the Court.

(R.G.KETKAR, J.)