Bombay High CourtCAW/699/2017disposed off

Tushar @ Ajay S/O Prabhakar Battulwar v. Sau. Bhagyashree @ Vibha W/O Tushar @ Ajay Battulwar And Another

2021-08-26Hon'Ble Shri Justice Avinash G. Gharote2 pages

2608caw699 of 2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.699/2017 IN WRIT PETITION NO.6249/2016 Tushar @ Ajay s/o Prabhakar Battulwar ...Versus...

Sau. Bhagyashree @ Vibha w/o Tushar @ Ajay Battulwar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri V.R. Thote, Advocate for petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 26/08/2021 1.

Heard Shri Thote, learned Counsel for the petitioner. None appears for the respondent no.1. 2.

By an order dated 24/10/2016, the petitioner was directed to deposit an amount of Rs.1,40,000/- in the Court as a precondition of the interim order, which amount has been deposited. The respondent no.1 has filed the present civil application, seeking direction to the petitioner to engage Counsel, to pay the to and fro expenses and to protect her possession. It is an admitted position that the respondent no.1 is in possession of the property, which is the ground floor of the house situated at 96-B Swami Vihar, near

2608caw699 of 2017.odt Datta Mandir, Bhusawal, District Jalgaon, in view of which, it is directed that during the pendency of the present petition, the respondent no.1 shall continue to reside there and the petitioner shall not make any attempt to disturb the possession of the respondent no.1 in respect of the above property. In so far as the plea for expenses is concerned, the amount of Rs.1,40,000/- deposited by the petitioner in this court be paid to the respondent no.1, which as of now, can take care of her expenses for engaging Counsel and travelling. In case any other expenses are required, it would be permissible for the respondent no.1 to move an appropriate application in that regard. The civil application is therefore disposed of accordingly. No costs.

WRIT PETITION NO.6249/2016 List the petition on 07/09/2021 for further consideration.

(AVINASH G. GHAROTE, J.) Wadkar