M/S. Rizvi Builders. v. Kishore H Powale And ORS

7-cac-491-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.491 OF 2015 IN CIVIL REVISION APPLICATION NO. 28 OF 2008 M/s. Rizvi Builders ...Applicant (Org. Plaintiff)

Versus

Kishore H Powale And Ors

...Respondents

(Org. Defendants) ­­­­ Mr.Joel D'souza a/w Mr.Mahesh Mishra i/b Mr.Ravi Thankaian for the Applicant.

Mr.Mohit P. Bhansali for the Respondents.

­­­­ CORAM : M. S. SONAK, J.

DATE : 09th OCTOBER 2017 P.C.

1.

The learned counsel for the respondents, on the basis of the instructions, from the respondents states that respondents will deposit the amount at the rate of Rs.145/­ per month effective from May 2006 till date within a period of six weeks from today. 2.

This statement is accepted and Civil Application is disposed of.

N.S. Kamble page 1 of 2

7-cac-491-2015 3.

In this case, there is no eviction decree as against the respondents. Therefore, it is not possible to issue directions to the respondents to make deposits as per market rates. Relief, as applied for in the Civil Application, therefore, cannot be granted. 4.

The Civil Application is accordingly disposed of. 5.

The Civil Revision Application to come up as per its own turn.

(M. S. SONAK, J.) N.S. Kamble page 2 of 2