Prabhakar S/O Ramkrishna Belwale v. Mangala Gajanan Nandanwar

(1) 53wp5582.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5582 OF 2021 Prabhakar Ramkrishna Belwale__ Vs. __Mangala Gajanan Nandanwar --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. G.A.Qubbawal, Advocate for Petitioner CORAM :

AVINASH G. GHAROTE, J.

DATE : 02/01/2023 1] Heard Mr. Qubbawal, learned counsel for the petitioner.

2] The petition seeks to challenge the order dated 18.02.2020 passed by the learned Appellate Court below Exh.5 to the extent it directs the appellant/petitioner to deposit the amount of Rs.1,50,000/- as security. It is contended that the Appellate Court has no such authority, apart from which there is no discussion regarding quantum.

3] The authority of the Appellate Court stems from the provision of Order 41 R 3(c) of the CPC, which permits it to impose security. In the instant case, the appellant/Petitioner has already suffered a decree for handing over vacant possession by the Trial Court, which is sought to be stayed and has been stayed. The direction

(2) 53wp5582.21 to deposit the amount towards security is therefore clearly justified.

4] The question of quantum of security is always at the discretion of the Court granting the stay and therefore, cannot be interfere with. I therefore do not see any reason to interfere with the impugned order. The petition is dismissed. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: