Smt Bhagirathi Vithal Shetty v. Ismail Abdeally Khambati And ORS.

cac-665-16(7)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 665 OF 2016 IN CIVIL REVISION APPLICATION NO.204 OF 2014 Smt Bhagirathi Vithal Shetty ..Applicant Vs.

Ismail Abdeally Khambati & Ors ..Respondents Mr. Mandar Limaye i/b Smt Veera Shinde for the Applicant Mr. Taiyeb A Khambati Respondent No.2 present a/w with his son Mr. Khozem Khambati CORAM :

R. M. SAVANT, J.

DATE :

6th APRIL, 2017 P.C.

The above Civil Application has been filed for modifying the order dated 25-8-2015 in so far as it fixes the interim compensation @ Rs.20,000/- per month. The reasons why the interim compensation @ Rs.20,000/- per month was fixed, find place in paragraph 4 of the order dated 25-8-2015 passed by a Learned Single Judge of this Court. The premises in question totally admeasure 220 sq.ft. built up area and having carpet area of 185 sq.ft. The Applicant is running a restaurant in the said premises. The premises are situated on Lamington road, opposite Minerva Cinema which is in the heart of the city of Mumbai and is a busy commercial area and is also in the close proximity of the Grant Road railway station. Hence the interim compensation @ Rs.20,000/- per month cannot be said to be excessive or exorbitant so as to mmj

cac-665-16(7) modify the same and bring it down to a lesser amount. Hence no relief can be granted to the Applicant. The Civil Application is accordingly rejected. The hearing of the above Civil Revision Application is however expedited. [R.M.SAVANT, J] mmj