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Bombay High CourtCA/11975/2018disposed offdismissed for default

Devasi Dharamsi Thakkar Died Lrs Jayant Alias Kirti Devasi Thakkar Lrs Meena Jayant Thakkar And ANR v. Ameet Abhaykumar Mutha

2018-09-28Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

951-ca-11975-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11975 OF 2018 DEVASI DHARAMSI THAKKAR DIED LRS JAYANT ALIAS KIRTI DEVASI THAKKAR LRS MEENA JAYA

VERSUS

AMEET ABHAYKUMAR MUTHA IN WRIT PETITION NO. 2970 OF 2012 AMEET ABHAYKUMAR MUTHA

VERSUS

DEVASI DHARAMSI THAKKAR DIED LRS JAYANT ALIAS KIRTI DEVASI THAKKAR LRS MEENA JAYA a ...

Advocate for the Applicant : Shri A. C. Dharandale h/f. Shri R. A. Tambe Advocate for the Respondent : Ms.Manali P. Patil h/f. Smt. R. S. Kulkarni.

...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 28th SEPTEMBER, 2018.

...

PER COURT :

1.

The applicants pray for leave to deposit the rent amount from the years 2011 to 2019 and even thereafter, before the Court of the learned Civil Judge Junior Division, Shrirampur. 2.

The learned Advocate appearing on behalf of the sole respondent submits that the Civil Application may be allowed without prejudice to the rights, contentions and the defence

951-ca-11975-18.odt taken by the respondent in the litigation.

3.

In view of the above, this Civil Application is allowed in terms of prayer Clauses 'B' and 'C' which read as under :- 'B.

The applicants may be permitted to deposit the rent amount from 2011 to 2019 in respect of shop No. G-10, Borawake Building, C.T.S.No.561/A in the court of learned Civil Judge, Junior Division, Shrirampur and for that purpose issue necessary orders.

C.

The applicants may kindly be permitted to deposit the future rent amount in the court of learned Civil Judge, Junior Division, Shrirampur and for that purpose issue necessary orders.'

4.

It is made clear that this permission to deposit the rent amount would be without prejudice to the rights and contentions of the litigating sides and will not create equities in favour of the applicants.

(RAVINDRA V. GHUGE, J.) shp/-