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Bombay High CourtCAC/96/2016

Sitadevi, Wd/O Bansraj v. Bhairam Sitaram Singh And Others

2016-03-08Hon'Ble Shri Justice K.K. Tated2 pages

12 cac 96-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 96 OF 2016 IN CIVIL REVISION APPLICATION NO. 52 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Sukeshini Bhandari for the Applicant.

Ms. Bharati Verma h/f Devendra Singh for the Respondent nos. 2 and 4.

CORAM : K. K. TATED, J.

DATED : 08/03/2016 P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by defendant to permit her to deposit the monthly rent of the suit premises as per earlier order dated 02.08.2011 from January 2012.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. But at the same time, applicant to pay cost of Rs.2,500/- to the respondents or their Advocate or deposit in the Registry within three weeks from today.

Hence, following order is passed:

Sneha Chavan 1/2

12 cac 96-16=.doc a) Civil Application is allowed in terms of prayer clause (a), which reads thus:

"a) that pending the hearing and final disposal of the revision application this Hon'ble Court be pleased to allow the Applicant to deposit rent of the application premises in this Hon'ble Court at the rate of Rs.19.50 paise per month for the period from January 2012 onwards till date and thereafter further deposit of Rs.19.50 paise on or before 10th of every calendar month."

b) Applicant to deposit the rent amount as stated in prayer clause (a) in the Trial Court within three weeks from today, failing which Civil Application shall stands dismissed without referring back to the Court.

c) Applicant to pay cost of Rs.2500/- either to the respondents No. 2 & 4 or their Advocate or deposit in the Registry within three weeks from today failing which Civil Application shall stand dismissed without further reference to the court. d) If amount is deposited in the Registry within stipulated time as stated hereinabove, the Respondents No. 2 & 4 are entitled to withdraw the same without furnishing any security.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2