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Bombay High CourtWP/255/2015disposed off

Murlidhar Ramchandra Kowli And ORS v. Mr. Nagesh Babaji Sawant And ORS.

2016-03-31Hon'Ble Shri Justice K.K. Tated2 pages

915 wp 255-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 255 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. M. Shettigar for the Petitioner.

Mr. Sameer Bhalekar for the Respondent No.1.

CORAM : K. K. TATED, J.

DATED : 31/03/2016 P.C.:

.

Heard learned Counsel for the parties.

The learned counsel for the petitioners submits that after filing the present petition, the Petitioner No.1 Murlidhar Ramchandra Kowli expired. He submits that Petitioner No.2 Mr. Bharat Murlidhar Kowli is only legal heirs of Petitioner No.1. Hence, he may be permitted to carry out the appropriate amendment by deleting the name of Petitioner No.1 and showing the Petitioner No.2 as legal heirs of Petitioner No.1.

Amendment is granted. Amendment to be carried out during the course of the day.

By this Petition, under Article 227 of the Constitution of India, Petitioner landlord challenges the order dated 28.08.2014 passed by the Appellate Bench of the Small Causes Court below Exh.7 in Sneha Chavan 1/2

915 wp 255-15=.doc Appeal No. 49 of 2013 directing the respondent tenant to deposit the compensation @ Rs.25,000/- per month from the date of decree.

By consent of both the parties, the impugned order dated 28.08.2014 is modified to the following extent:

a) Instead of Rs.25,000/-, the respondent tenant to deposit sum of Rs.75,000/- per month. The rest of the order remain as it is.

b) Arrears to be deposited by the tenant in the Trial Court within four months from today. c) Writ Petition Stand disposed of accordingly.

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