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Bombay High CourtCAC/576/2016disposed off

Sm. Kamla A. Bharwani (Since Deceased) (Applicant/Orig. Resp.) Through Heirs v. Shri Indira Himmatranka (Since Deceased) (Orig. Pet. ) Through Heirs

2018-02-13Hon'Ble Shri Justice G. S. Kulkarni3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 576 OF 2016 IN CIVIL REVISION NO. 34 OF 2013 Sm. Kamla A. Bharwani (since deceased) (applicant/orig. Resp.) through LRs.

....

Applicants

IN THE MATTER BETWEEN

Indra Himmatranka (since deceased) ....

Applicants through LRs.

V/s.

Smt. Kamla A. Bharwani (since deceased) through Lrs.

....Respondents Mr. Rajesh Datar For Applicant.

Mr. G.S. Godbole I/b Pallavi N. Dabholkar for Respondent. Coram : G.S.KULKARNI, J Date : 13 FEBRUARY, 2018 P.C.

1.

Heard Learned counsel for the parties by this application the applicant/respondents has prayed for a direction that the original applicant/defendants be directed to a pay sum of Rs. 25,000/- per month to the applicants towards interim compensation in respect of suit premises with effect from 21st December, 2013 till final disposal

2/3 of the Civil Revision Application.

2.

The respondents have appeared and filed on record a reply affidavit opposing this application. In Para 9 of the affidavit the respondents have stated that they are ready and willing to pay an amount of Rs. 5,400/- per month which according to the respondent is a fair and reasonable compensation.

3.

Mr. Datar learned counsel for the applicant on instructions submits that the applicants are agreeable for deposit of the interim compensation at an amount of Rs. 5,400/- per month offered by the respondent/applicants.

4.

The Civil Application therefore would not require any further consideration. The Civil Application is disposed of with a direction that the respondent/applicants shall pay a sum of Rs. 5,400/- per month with effect from 1st January, 2014 till the final disposal of the revision application. No costs.

5.

Mr. Godbole learned Counsel for the respondent states that the respondent shall deposit arrears of compensation within a period of 3 weeks from today. Statement is accepted. The amount so deposited

3/3 be invested by the Registry in a nationalised bank and shall be subject to the further orders that would be passed. (G.S.KULKARNI, J)