Dipak S/O Hiralal Mehta v. Labchand S/O Ghanshyamdas Dhoot

4-SA-550-11 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.721 OF 2018 IN SECOND APPEAL NO.550 OF 2011 Dipak s/o Hiralal Mehta, Jalgaon Jamod, Buldhana -vsLabchand s/o Ghnashyamdas Dhoot, Sangrampur, Buldhana ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. S. Deshpande, Advocate for appellant. Shri N. R. Saboo, Advocate for respondent/applicant. CORAM : A.S.CHANDURKAR, J.

DATE : October 22, 2018 By this application it is prayed that the stay of possession as granted on 05/08/2013 be vacated on the ground that the conditions imposed therein have not been complied with by the appellant. By the order dated 05/08/2013 the appellant has been directed to deposit an amount of Rs.5,000/- per month in this Court. In the application it is stated that the appellant has not complied with the aforesaid order and the amounts are not deposited for more than four years.

It is submitted on behalf of the appellant that the parties are attempting to settle the dispute and hence time may be granted. Time of six weeks is granted to clear arrears of deposit in terms of order dated 05/08/2013. If the arrears are not cleared within the aforesaid period, the interim stay of possession as granted would stand vacated without reference to Court.

Civil Application is disposed of.

JUDGE Asmita