Bombay High CourtCAW/1853/2019disposedoff

Smt. Manjushri Prayas Sakhare And Another v. Mahesh S/O Zangoji Ghotekar And Others

2019-07-16Hon'Ble Shri Justice A.S. Chandurkar2 pages

904-CAW-1852-19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NOS.1852 AND 1853 OF 2019 IN WRIT PETITION NO.2364 OF 2018 Manjushri Prayas Sakhare and ors.

-vsMahesh s/o Zangoji Ghotekar and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Shriniwas Deshpande, Advocate for petitioners/applicants. Shri S. A. Kalbande, Advocate for respondent No.1. Smt S. Taksande, Advocate for respondent Nos.3 and 6. Shri Bhagwan Lonare, Advocate for respondent No.7. Shri P. A. Abhyankar, Advocate for respondent Nos.8 and 9. CORAM : A.S.CHANDURKAR, J.

DATE : July 16, 2019 The applicants seek clarification of order dated 02/07/2019 as regards the earlier direction to deposit an amount of Rs.550/- per month from August 2018 as per order dated 16/07/2018. It is submitted that said direction should not operate now as the writ petition is disposed of. It is clarified that the amount of Rs.550/- per month shall be continued to be deposited subject to further orders by the trial Court till it adjudicates the prayer for staying the decree for possession. The amount of Rs.550/- payable for the month of July 2019 be paid within period of one week from today. Insofar as the prayer for speaking to minutes is concerned, the amount of Rs.3,25,000/- was permitted to be withdrawn by the respondent No.1 on furnishing solvent surety. This liberty was granted as the said amount was deposited as a condition for staying the decree for possession. Hence that direction does not deserve to be modified.

904-CAW-1852-19 2/2 The interim order was granted on 16/07/2018 shall continue to operate for a period of eights weeks from the date of the order passed in Writ Petition No.2364 of 2018. Both the applications are disposed of.

JUDGE Asmita