← Library
Bombay High CourtCAC/332/2016allowed

K. Laxman Kumaran Nair v. Anant Balaji Vichare (Deleted) Smt. Manda Anant Vichare And ORS

2017-04-04Hon'Ble Shri Justice R.M. Savant.2 pages

(16)-CAC-332-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.332 OF 2016 IN CIVIL REVISION APPLICATION NO.819 OF 2012 K. Laxman Kumaran Nair ..Applicant

Versus

Anant Balaji Vichare (deleted) Smt. Manda Anant Vichare (deleted) Smt. Kunda Rajaram Vichare and others ..Respondents Shri. M. S. Lagu for the Applicant.

Ms. Aditi Naikare i/by Shri. P. J. Thorat for the Respondent Nos.1(b) to 1(f).

CORAM : R. M. SAVANT, J.

DATE : 4th APRIL, 2017 P.C.

The above Civil Application has been filed by the Applicant/ original Civil Revision Applicant for being permitted to deposit the amount of rent in this Court. The Learned Counsel for the Applicant Shri. M. S. Lagu states that till the disposal of the Appeal by the Appellate Bench of the Small Causes Court, the rent was being deposited by the Applicant in the Small Causes Court, Mumbai. However after the Appeal was disposed of, the rent could not be deposited as the amount was not being accepted by the Small Causes Court. The deposit of rent has therefore stopped since the year 2012. The above Civil Application in fact has been filed in the year 2012 but has been numbered only in the year BGP.

(16)-CAC-332-16.doc.

2016. The Learned Counsel appearing on behalf of the Respondent No.1(b) to 1(f) i.e. heirs of the original landlords states that the said Respondents have no objection to the rent being deposited in this Court. The Civil Application is accordingly allowed. Resultantly, the Applicant is permitted to deposit the rent including its arrears in this Court. In so far as arrears are concerned, the same to be deposited within four weeks from date. In so far as month to month rent is concerned, the same to be deposited by the 10th of each month. The Respondent Nos.1(b) to 1(f) would be at liberty to file an application for fixation of interim compensation if so advised. The Civil Application is accordingly disposed of.

[R.M.SAVANT, J] BGP.