Shri. Prakash Hira Dhone v. Chotelal Ramavtar Dhobi, Thr. Poa. Jogesh Kumar Chotelal Dhobi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 488 OF 2018 IN CIVIL REVISION APPLICATION NO. 329 OF 2017 Prakash H. Dhone .. Applicant.
In the matter between Shri. Chandrakant B. Mahadik .. Applicants vs.
Smt. Vithabai Hira Dhone (since deceased through Lrs.) .. Respondents WITH CIVIL APPLICATION NO. 489 OF 2018 IN CIVIL REVISION APPLICATION NO. 330 OF 2017 Prakash H. Dhone .. Applicant.
In the matter between Shri. Chotelal R. Dhobi through POA .. Applicant vs.
Smt. Vithabai Hira Dhone (since deceased through Lrs.) .. Respondents WITH CIVIL APPLICATION NO. 490 OF 2018 IN CIVIL REVISION APPLICATION NO. 331 OF 2017 Prakash H. Dhone .. Applicant.
In the matter between Shri. Vijay D. Patil (since deceased through Lrs) .. Applicants vs.
Smt. Vithabai Hira Dhone (since deceased through Lrs.) .. Respondents WITH CIVIL APPLICATION NO. 491 OF 2018 IN CIVIL REVISION APPLICATION NO. 332 OF 2017 Prakash H. Dhone .. Applicant.
In the matter between Snehalata G. Samgodkar and ors.
.. Applicants 1/4
vs.
Smt. Vithabai Hira Dhone (since deceased through Lrs.) .. Respondents WITH CIVIL APPLICATION NO. 492 OF 2018 IN CIVIL REVISION APPLICATION NO. 333 OF 2017 Prakash H. Dhone .. Applicant.
In the matter between Sumait G.Kamat (since deceased through Lrs.) .. Applicants vs.
Smt. Vithabai Hira Dhone (since deceased through Lrs.) .. Respondents WITH CIVIL APPLICATION NO. 493 OF 2018 IN CIVIL REVISION APPLICATION NO. 334 OF 2017 Prakash H. Dhone .. Applicant.
In the matter between Laxman J. Pachkude .. Applicant vs.
Smt. Vithabai Hira Dhone (since deceased through Lrs.) .. Respondents WITH CIVIL APPLICATION NO. 494 OF 2018 IN CIVIL REVISION APPLICATION NO. 335 OF 2017 Prakash H. Dhone .. Applicant.
In the matter between Ramesh R. Devekar (since deceased through Lrs) .. Applicants vs.
Smt. Vithabai Hira Dhone (since deceased through Lrs.) .. Respondents Mr. Kunal Bhanage for the Applicant- Prakash H. Dhone. Ms Ketki Gadkari for the Respondents.
CORAM :
M. S. SONAK, J.
DATE : 10 DECEMBER 2018.
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P.C. :- 1] Heard the learned counsel for the parties.
2] In these matters, hearing in the Civil Revision Applications was already expedited and in fact fixed the date of 14th December 2017 was indicted.
3] By order dated 10th November 2017, this Court, in fact, made it clear that that it would not be appropriate to order interim compensation event though there is an eviction decree, because this is a matter which can be heard and disposed of finally at an early date.
4] No doubt, thereafter, for reasons which came to be recorded, this Court by its order dated 15th November 2017 placed the tenants in possession of the suit premises as agents for the Court Receiver. Thus, it is apparent that the suit premises at present, are custodia legis.
5] In the aforesaid circumstances, rather than entertain the present Civil Applications and insisting upon deposit of any 3/4
compensation amount, it will be only appropriate if the Civil Revision Applications are posted for final disposal on 6th February 2019. Accordingly, all the Civil Revision Applications are posted for final disposal on 6th February 2019. In view of this order, Civil Applications are disposed of.
6] The applicants in the Civil Revision Applicants to comply with the orders for preparation and submission of paperbooks, if not already complied with, latest by 11th January 2019. Similarly, the applicants to also comply with the directions for execution of Agency Agreements, if not already complied with, again, latest by 11th January 2019.
(M. S. SONAK, J.) 4/4