Dondaicha Warwade Municipal Council And Another v. Krida Prabodhani Dondaicha Through Its Secretary

2024:BHC-AUG:25967 1 926

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO. 11875 OF 2024 DONDAICHA WARWADE MUNICIPAL COUNCIL AND ANOTHER

VERSUS

KRIDA PRABODHANI DONDAICHA THROUGH ITS SECRETARY ...

Advocate for the Petitioner : Mr. Bhamre Manish V Advocate for Respondent : Mr. Syed A. R.

...

CORAM : ARUN R. PEDNEKER, J.

DATE : 22nd OCTOBER, 2024 PER COURT:

1.

Heard.

2.

The petitioners are challenging the order dated 15.10.2024, wherein the application for restoration of status quo is granted by the trial court.

3.

The impugned order is not interfered with subject to the respondent original plaintiff depositing the amount outstanding rent of Rs.2,50,000/- within a period of four (04) weeks, 50% amount be deposited within one (01) week from today balance 50% within remaining three (03) weeks. The amount to be deposited with the petitioners / Municipal Council.

5.

It is clarified that, I have not observed anything on the merits, and rights and contentions of the parties would be decided in the

2 926 Exhibit-5 application at interim stage and civil suit finally. The order dated 15.10.2024 stands modified to that extent. 6.

After the amount of Rs.1,25,000/- is deposited within one

(01) week, thereafter the property would stand unsealed in terms of the impugned order.

7.

All the contentions are left open in the adjudication of the suit vide application Exhibit-5.

8.

In the event, the petitioner fails to deposit the remaining amount within stipulated time, the respondent / corporation would be entitled to reseal the suit property.

9.

The writ petition stands disposed of.

10.

Parties to act upon the authenticated copy of this order. [ARUN R. PEDNEKER, J.] marathe