Dayaram S/O Bulchand Venisiyani v. Laxminarayan S/O Shivdayalji Sharma

1 caw2538.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.2538 OF 2016 IN WRIT PETITION NO.4229 OF 2014 (DAYARAM BULCHAND VENSIYANI...VS.. LAXMINARAYAN SHIVDAYAL SHARMA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.K.Mishra, Advocate for Petitioner.

Shri S.V.Purohit, Advocate for Respondent/Applicant. CORAM : Z.A.HAQ, J.

DATED : JANUARY 10, 2017.

It is submitted that decree for eviction in favour of the landlord, maintained by the District Court, has attained finality, inasmuch as the tenant has not challenged it further and the possession of the suit premises is received by the landlord.

The amount was deposited by the tenant before this Court pursuant to the interim order passed by this Court. It is submitted that due to inadvertence it could not be pointed out at the time of disposal of the petition that the landlord is entitled to withdraw the amount.

The learned advocate for the tenant has fairly submitted that he is not objecting for withdrawal of the amount by the landlord.

Hence, the amount of Rs.Thirty Thousand along with interest on it, if any, be given to the original respondent/ landlord Shri Laxminarayan Shivdayal Sharma.

The civil application is allowed accordingly. JUDGE RRaut..